[Senate Document 106-16]
[From the U.S. Government Printing Office]
106th Congress
2d Session S. Doc. 106-16
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Nomination and
Election
of the President and
Vice President
of the United States, 2000
Including the Manner of Selecting
Delegates to
National Party Conventions
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By L. Paige Whitaker, Jack Maskell, Margaret M. Lee, Robert B.
Burdette, John Contrubis, T.J. Halstead, and Jon Shimabukuro,
Legislative Attorneys, and Gloria P. Sugars, Paralegal and Coordinator,
Congressional Research Service, Library of Congress,
for the Committee on Rules and Administration,
United States Senate
January 2000
U.S. Government Printing Office, Washington: 2000
106th Congress
2d Session S. Doc. 106-16
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Nomination and Election of the President and Vice President
of the United States, 2000
Including the Manner of Selecting
Delegates to
National Party Conventions
-----------------------------------------------------------------------
By L. Paige Whitaker, Jack Maskell, Margaret M. Lee, Robert B.
Burdette, John Contrubis, T.J. Halstead, and Jon Shimabukuro,
Legislative Attorneys, and Gloria P. Sugars, Paralegal and Coordinator,
Congressional Research Service, Library of Congress,
for the Committee on Rules and Administration,
United States Senate
January 2000
U.S. Government Printing Office, Washington: 2000
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For sale by the U.S. Government Printing Office
Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328
COMMITTEE ON RULES AND ADMINISTRATION
MITCH McCONNELL, Kentucky, Chairman
JESSE HELMS, North Carolina CHRISTOPHER J. DODD, Connecticut
TED STEVENS, Alaska ROBERT C. BYRD, West Virginia
JOHN WARNER, Virginia DANIEL K. INOUYE, Hawaii
THAD COCHRAN, Mississippi DANIEL PATRICK MOYNIHAN, New York
RICK SANTORUM, Pennsylvania DIANNE FEINSTEIN, California
DON NICKLES, Oklahoma ROBERT G. TORRICELLI, New Jersey
TRENT LOTT, Mississippi CHARLES E. SCHUMER, New York
KAY BAILEY HUTCHISON, Texas
Tamara S. Somerville, Staff Director
G. Hunter Bates, Chief Counsel
Kennie L. Gill, Democratic Staff Director and Chief Counsel
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SENATE RESOLUTION 236
In the Senate of the United States
November 19, 1999
Resolved, That the Committee on Rules and Administration
shall prepare a revised edition of the document entitled
Nomination and Election of the President and Vice President of
the United States, Senate Document 102-14, and that such
document shall be printed as a Senate document.
Sec. 2. There shall be printed, beyond the usual number,
six hundred additional copies of the document specified in the
first section for the use of the Committee on Rules and
Administration.
Attest:
Gary Sisco,
Secretary
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FOREWORD
This document is a compilation of the constitutional provisions,
federal and state laws, and rules of the two major political parties
governing the nomination and election of the President and Vice
President of the United States. It lists the states holding
presidential preference primaries and the dates of such primaries; it
also describes the manner of selecting delegates to the national
conventions, the dates such selections are to be made, and the number
of delegates to be selected. Two surveys of the rules of the major
political parties and of the election laws of the fifty states and the
District of Columbia are included relating to the selection of
delegates to the national nominating conventions and to the nomination
and election of electors of the President and Vice President. Abstracts
of the laws relating to minor and new parties and independent
candidates are also included in the surveys.
The information contained here is based on the federal and state laws
in effect as of October 1, 1999. There have been many changes in the
election laws of the states since the 1992 presidential election.
Various state laws referred to in this document may have been amended
subsequent to publication; similarly, political party constitutions,
rules and delegates selection plans may also have been amended. Every
effort has been made to provide the latest statutes, party rules and
delegate selection plans.
The analysis of election laws and party rules was prepared by L. Paige
Whitaker, Jack Maskell, Margaret M. Lee, Robert B. Burdette, John
Contrubis, T.J. Halstead, Jon Skimabukuro, legislative attorneys, and
paralegal Gloria P. Sugars, coordinator, of the American Law Division,
Congressional Research Service, Library of Congress for the Senate
Committee on Rules and Administration, under the supervision of Ellen
M. Lazarus Deputy Assistant Director, and Richard C. Ehkle, Assistant
Director of the American Law Division.
Nomination and Election
Nomination and Election
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CONTENTS
Foreword, III
Table of Contents, V
Important Dates, VII
Part I. Federal Constitutional Provisions and Laws Governing
the Election of the President and Vice President of the
United States, 1
A. United States Constitution, 1
B. Election of the President (Title 3, United States Code), 5
C. Voting Rights Act Amendments of 1970--Residence Requirements
(Title 42, United States Code), 13
D. Campaign Financing Reporting and Disclosure (Title 2, United
States Code), 16
E. Financial Disclosure Requirements of Executive Personnel,
Including Candidates for Nomination or Election to the Office
of President or Vice President (Title 5, United States Code
Appendix), 61
F. Political Activities: Federal Employees (Title 5, United
States Code), 87
G. Political Activities: State and Local Employees (Title 5,
United States Code), 91
H. Criminal Code Provisions (Title 18, United States Code), 96
I. Internal Revenue Code, Political Campaign Debts and
Contributions (Title 26, United States Code), 106
J. Public Financing of Presidential Elections (Title 26, United
States Code), 113
K. Communications Media (Title 47, United States Code), 139
Part II. Nomination of the President and Vice President, 141
A. Calendar for Party Caucuses/Conventions and Presidential
Primaries, 141
B. Background, 142
C. Significant Court Decisions Affecting Delegate Selection
Procedures and the Convention System, 146
D. FEC Regulations on Delegates and Delegate Committees, 150
E. 1992 Democratic Party Delegate Selection Rules, 157
F. Rules of the Republican Party Relating to the Convening of
the 2000 National Convention, 216
Part III. Survey of State Laws and of Party Rules Regulating
the Selection of Delegates to the National Nominating
Conventions, 233
A. Delegate Selection for the States, 233
B. Delegate Selection for Citizens Abroad and the Territories,
308
Part IV. State Laws Relating to the Nomination and Election
of Presidential Electors, 310
A. Table of State Electoral College Votes, 310
B. Background, 310
C. Summary of State Laws Relating to Presidential Electors, 313
Part V. Presidential Succession, 395
A. Death or Disability of a President, 395
B. Death of a President-Elect, 399
Part VI. Tables Relating to Various Aspects of the Nomination
and Election of the President and Vice President, 409
1. Presidents and Vice Presidents of the United States and the
Congress Coincident with Their Terms, 410
2. Electoral Vote for President and Vice President, by Major
Political Parties--States: 1956 to 1996, 411
3. Vote for President--Popular Vote Cast for President, by
Political Parties--Regional and States 1976 to 1996, 412
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IMPORTANT DATES
August 14-17, 2000--Democratic National Convention in Los Angeles,
California.
July 29-August 4, 2000--Republican National Convention in Philadelphia,
Pennsylvania.
November 7, 2000--General Election in all States.
December 18, 2000--Date of meeting of electors (Electoral College).
January 6, 2001--Counting of electoral votes by joint session of
Congress.
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Dates for Party Caucuses/Conventions and Presidential Primaries in 2000
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Presidential
Dates Caucus/Convention Primaries
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January 24...................... Iowa.............. ..................
February 1...................... .................. New Hampshire
February 5...................... .................. Delaware (D)
February 8...................... .................. Delaware (R)
February 19..................... .................. South Carolina (R)
February 22..................... .................. Arizona, Michigan
February 26..................... American Samoa, ..................
Guam, Virgin
Islands
(Republican only).
February 29..................... North Dakota (R).. Virginia,
Washington
March 5......................... .................. Puerto Rico (R)
March 7......................... American Samoa California,
(D), Hawaii (D), Connecticut,
Minnesota, North Georgia, Maine,
Dakota (D). Maryland,
Massachusetts,
Missouri, New
York, Ohio, Rhode
Island, Vermont
March 9......................... .................. South Carolina (D)
March 10........................ .................. Colorado, Utah,
Wyoming
March 11........................ Michigan (D)...... Arizona (D)
March 12........................ .................. Puerto Rico (D)
March 14........................ .................. Florida,
Louisiana,
Mississippi,
Oklahoma,
Tennessee, Texas
March 21........................ .................. Illinois
April 1......................... Virgin Islands (D) ..................
April 4......................... .................. Kansas,
Pennsylvania,
Wisconsin
May 2........................... .................. District of
Columbia,
Indiana, North
Carolina
May 6........................... Guam (D).......... ..................
May 9........................... .................. Nebraska, West
Virginia
May 16.......................... .................. Oregon
May 19.......................... Alaska (R) ..................
Convention,
Hawaii.
May 19-21....................... Nevada (D) ..................
Convention.
May 20.......................... Alaska (D) ..................
Convention.
May 23.......................... .................. Arkansas, Idaho,
Kentucky
May 25.......................... Nevada (R) ..................
Convention.
June 3.......................... Virginia (D) ..................
Convention.
June 6.......................... .................. Alabama, Montana,
New Jersey, New
Mexico, South
Dakota
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Nomination and Election
Nomination and Election
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PART I. FEDERAL CONSTITUTIONAL PROVISIONS AND LAWS GOVERNING THE
ELECTION OF THE PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES
A. United States Constitution
ARTICLE II--THE PRESIDENT
Section 1. The executive Power shall be vested in a President of the
United States of America. He shall hold his Office during the Term of
four Years, and, together with the Vice-President, chosen for the same
Term, be elected, as follows: Each State shall appoint, in such Manner
as the Legislature thereof may direct, a Number of Electors, equal to
the whole Number of Senators and Representatives to which the State may
be entitled in the Congress; but no Senator or Representative, or
Person holding an Office of Trust or Profit under the United States,
shall be appointed an Elector.
The Congress may determine the Time of choosing the Electors, and the
Day on which they shall give their Votes; which Day shall be the same
throughout the United States. No person except a natural born Citizen,
or a Citizen of the United States, at the time of the Adoption of this
Constitution, shall be eligible to the Office of President; neither
shall any Person be eligible to that Office who shall not have attained
to the Age of thirty-five Years, and been fourteen Years a Resident
within the United States.
AMENDMENT XII--PRESIDENTIAL ELECTORS
The electors shall meet in their respective States and vote by ballot
for President and Vice President, one of whom, at least, shall not be
an inhabitant of the same State with themselves; they shall name in
their ballots the person voted for as President, and in distinct
ballots the person voted for as Vice President, and they shall make
distinct lists of all persons voted for as President, and of all
persons voted for as Vice President, and of the number of votes for
each, which lists they shall sign and certify, and transmit sealed to
the seat of the government of the United States, directed to the
President of the Senate;--The President of the Senate shall, in the
presence of the Senate and House of Representatives, open all the
certificates and the votes shall then be counted;--The person having
the greatest number of votes for President, shall be the President, if
such number be a majority of the whole number of Electors appointed;
and if no person have such majority; then from the persons having the
highest numbers not exceeding three on the list of those voted for as
President, the House of Representatives shall choose immediately, by
ballot, the President. But in choosing the President, the votes shall
be taken by States, the representation from each State having one vote;
a quorum for this purpose shall consist of a member or members from
two-thirds of the States, and a majority of all the States shall be
necessary to a choice. And if the House of Representatives shall not
choose a President whenever the right of choice shall devolve upon
them, before the fourth day of March next following, then the Vice
President shall act as President, as in the case of the death or other
constitutional disability of the President. The person having the
greatest number of votes as Vice President, shall be the Vice
President, if such number be a majority of the whole number of Electors
appointed, and if no person have a majority, then from the two highest
numbers on the list, the Senate shall choose the Vice President; a
quorum for the purpose shall consist of two-thirds of the whole number
of Senators, and a majority of the whole number shall be necessary to a
choice. But no person constitutionally ineligible to the office of
President shall be eligible to that of Vice President of the United
States.
AMENDMENT XX--COMMENCEMENT OF THE TERMS OF THE PRESIDENT, VICE
PRESIDENT, AND MEMBERS OF CONGRESS
Section 1. The terms of the President and Vice President shall end at
noon on the 20th day of January, and the terms of Senators and
Representatives at noon on the 3d day of January, of the years in which
such terms would have ended if this article had not been ratified; and
the terms of their successors shall then begin.
Section 2. The Congress shall assemble at least once in every year, and
such meeting shall begin at noon on the 3d day of January, and unless
they shall by law appoint a different day.
Section 3. If, at the time fixed for the beginning of the term of the
President, the President elect shall have died, the Vice President
elect shall become President. If a President shall not have been chosen
before the time fixed for the beginning of his term, or if the
President elect shall have failed to qualify, then the Vice President
elect shall act as President until a President shall have qualified;
and the Congress may by law provide for the case wherein neither a
President elect nor a Vice President elect shall have qualified,
declaring who shall then act as President, or the manner in which one
who is to act shall be selected, and such person shall act accordingly
until a President or Vice President shall have qualified.
Section 4. The Congress may by law provide for the case of the death of
any of the persons from whom the House of Representatives may choose a
President whenever the right of choice shall have devolved upon them,
and for the case of the death of any of the persons from whom the
Senate may choose a Vice President whenever the right of choice shall
have devolved upon them.
Section 5. Sections 1 and 2 shall take effect on the 15th day of
October following the ratification of this article.
Section 6. This article shall be inoperative unless it shall have been
ratified as an amendment to the Constitution by the legislatures of
three-fourths of the several States within seven years from the date of
its submission.
AMENDMENT XXII--LIMITATION ON PRESIDENTIAL TERMS
Section 1. No person shall be elected to the office of the President
more than twice, and no person who has held the office of President or
acted as President, for more than two years of a term to which some
other person was elected President shall be elected to the office of
the President more than once. But this Article shall not apply to any
person holding the office of President when this Article was proposed
by the Congress, and shall not prevent any person who may be holding
the office of President, or acting as President, during the term within
which this Article becomes operative from holding the office of
President or acting as President during the remainder of such term.
AMENDMENT XXIII--PRESIDENTIAL ELECTORS FOR DISTRICT OF COLUMBIA
Section 1. The District constituting the seat of Government of the
United States shall appoint in such manner as the Congress may direct:
A number of electors of President and Vice President equal to the whole
number of Senators and Representatives in Congress to which the
District would be entitled if it were a State, but in no event more
than the least populous State; they shall be in addition to those
appointed by the States, but they shall be considered, for the purposes
of the election of President and Vice President, to be electors
appointed by a State; and they shall meet in the District and perform
such duties as provided by the twelfth article of amendment.
Section 2. The Congress shall have the power to enforce this article by
appropriate legislation.
AMENDMENT XXIV--BAN ON POLL TAX
Section 1. The right of citizens of the United States to vote in any
primary or other election for President or Vice President, for electors
for President or Vice President, or for Senator or Representative in
Congress, shall not be denied or abridged by the United States or any
State by reason of failure to pay any poll tax or other tax.
Section 2. The Congress shall have power to enforce this article by
appropriate legislation.
AMENDMENT XXV--SUCCESSION TO PRESIDENCY AND VICE PRESIDENCY: INABILITY
OF PRESIDENT
Section 1. In case of the removal of the President from office or of
his death or resignation, the Vice President shall become President.
Section 2. Whenever there is a vacancy in the office of the Vice
President, the President shall nominate a Vice President who shall take
office upon confirmation by a majority vote of both Houses of Congress.
Section 3. Whenever the President transmits to the President pro
tempore of the Senate and the Speaker of the House of Representatives
his written declaration that he is unable to discharge the powers and
duties of his office, and until he transmits to them a written
declaration to the contrary, such powers and duties shall be discharged
by the Vice President as Acting President.
Section 4. Whenever the Vice President and a majority of either the
principal officers of the executive departments or of such other body
as Congress may by law provide, transmit to the President pro tempore
of the Senate and the Speaker of the House of Representatives their
written declaration that the President is unable to discharge the
powers and duties of his office, the Vice President shall immediately
assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore
of the Senate and the Speaker of the House of Representatives his
written declaration that no inability exists, he shall resume the
powers and duties of his office unless the Vice President and a
majority of either the principal officers of the executive department
or of such other body as Congress may be law provide, transmit within
four days to the President pro tempore of the Senate and the Speaker of
the House of Representatives their written declaration that the
President is unable to discharge the powers and duties of his office.
Thereupon Congress shall decide the issue, assembling within forty-
eight hours for that purpose if not in session. If the Congress, within
twenty-one days after receipt of the latter written declaration, or, if
Congress is not in session, within twenty-one days after Congress is
required to assemble, determines by two-thirds vote of both Houses that
the President is unable to discharge the powers and duties of his
office, the Vice President shall continue to discharge the same as
Acting President; otherwise, the President shall resume the powers and
duties of his office.
AMENDMENT XXVI--RIGHT TO VOTE--CITIZENS EIGHTEEN YEARS OF AGE OR OLDER
Section 1. The right of citizens of the United States, who are eighteen
years of age or older, to vote shall not be denied or abridged by the
United States or by any State on account of age.
Section 2. The Congress shall have power to enforce this article by
appropriate legislation.
B. Election of the President (Title 3, United States Code)
3 U.S.C. Sec. 1. Time of Appointing Electors.
The electors of President and Vice President shall be appointed, in
each State, on the Tuesday next after the first Monday in November, in
every fourth year succeeding every election of a President and Vice
President. (June 25, 1948, ch. 644, 62 Stat. 672.)
3 U.S.C. Sec. 2. Failure to Make Choice on Prescribed Day.
Whenever any State has held an election for the purpose of choosing
electors, and has failed to make a choice on the day prescribed by law,
the electors may be appointed on a subsequent day in such a manner as
the legislature of such State may direct. (June 25, 1948, ch. 644, 62
Stat. 672.)
3 U.S.C. Sec. 3. Number of Electors.
The number of electors shall be equal to the number of Senators and
Representatives to which the several States are by law entitled at the
time when the President and Vice President to be chosen come into
office; except, that where no apportionment of Representatives had been
made after any enumeration, at the time of choosing electors, the
number of electors shall be according to the then existing
apportionment of Senators and Representatives. (June 25, 1948, ch. 644,
62 Stat. 672.)
3 U.S.C. Sec. 4. Vacancies in Electoral College.
Each State may, by law, provide for the filing of any vacancies which
may occur in its college of electors when such college meets to give
its electoral vote. (June 25, 1948, ch. 644, 62 Stat. 673.)
3 U.S.C. Sec. 5. Determination of Controversy as to Appointment of
Electors.
If any State shall have provided, by laws enacted prior to the day
fixed for the appointment of the electors, for its final determination
of any controversy or contest concerning the appointment of all or any
of the electors of such State, by judicial or other methods or
procedures, and such determinations made have been made at least six
days before the time fixed for the meeting of the electors, such
determination made pursuant to such law so existing on said day, and
made at least six days prior to said time of meeting of the electors,
shall be conclusive, and shall govern in the counting of the electoral
votes as provided in the Constitution, and as hereinafter regulated, as
far as the ascertainment of the electors appointed by such State is
concerned. (June 25, 1948, ch. 644, 62 Stat. 673.)
3 U.S.C. Sec. 6. Credentials of Electors, Transmission to Administrator
of General Services and to Congress; Public Inspection.
It shall be the duty of the executive of each State, as soon as
practicable after the conclusion of the appointment of the electors in
such State by the final ascertainment under and in pursuance of the
laws of such State providing for such ascertainment, to communicate by
registered mail under the seal of the State of the Administrator of
General Services a certificate of such ascertainment of the electors
appointed, setting forth the names of such electors and the canvass or
other ascertainment under the laws of such State of the number of votes
given or cast for each person for whose appointment any and all votes
have been given or cast; and it shall also thereupon be the duty of the
executive of each State to deliver to the electors of such State, on or
before the day on which they are required by section 7 of this title to
meet, six duplicate-originals of the same certificate under the seal of
the State; and if there shall have been any final determination in a
State in the manner provided for by law of a controversy or contest
concerning the appointment of all or any of the electors of such State,
it shall be the duty of the executive of such State, as soon as
practicable after such determination, to communicate under the seal of
the State to the Administrator of General Services a certificate of
such determination in form and manner as the same shall have been made;
and the certificate or certificates so received by the Administrator of
General Services shall be preserved by him for one year and shall be a
part of the public records of his office and shall be open to public
inspection; and the Administrator of General Services at the first
meeting of Congress thereafter shall transmit to the two Houses of
Congress copies in full of each and every such certificate so received
at the General Services Administration. (June 25, 1948, ch. 644, 62
Stat. 673; Oct. 31, 1951, ch. 655, Sec. 6, 65 Stat. 711.)
3 U.S.C. Sec. 7. Meeting and Vote of Electors.
The electors of President and Vice President of each State shall meet
and give their votes on the first Monday after the second Wednesday in
December next following their appointment at such place in each State
as the legislature of such State shall direct. (June 25, 1948, ch. 644,
62 Stat. 673.)
3 U.S.C. Sec. 8. Manner of Voting.
The electors shall vote for President and Vice President, respectively,
in the manner directed by the Constitution. (June 25, 1948, ch. 644, 62
Stat. 674.)
3 U.S.C. Sec. 9. Certificates of Votes for President and Vice
President.
The electors shall make and sign six certificates of all the votes
given by them, each of which certificates shall contain two distinct
lists, one of the votes for President and the other of the votes for
Vice President, and shall annex to each of the certificates one of the
lists of the electors which shall have been furnished to them by
direction of the executive of the State. (June 25, 1948, ch. 644, 62
Stat. 674.)
3 U.S.C. Sec. 10. Sealing and Endorsing Certificates.
The electors shall seal up the certificates so made by them, and
certify upon each that the lists of all the votes of such State given
for President, and of all the votes given Vice President, are contained
therein. (June 25, 1948, ch. 644, 62 Stat. 674.)
3 U.S.C. Sec. 11. Disposition of Certificates.
The electors shall dispose of the certificates so made by them and the
lists attached thereto in the following manner:
First. They shall forthwith forward by registered mail one of the same
to the President of the Senate at the seat of government.
Second. Two of the same shall be delivered to the secretary of state of
the State, one of which shall be held subject to the order of the
President of the Senate, the other to be preserved by him for one year
and shall be a part of the public records of his office and shall be
open to public inspection.
Third. On the day thereafter they shall forward by registered mail two
of such certificates and lists to the Administrator of General Services
at the seat of government, one of which shall be held subject to the
order of the President of the Senate. The other shall be preserved by
the Administrator of General Services for one year and shall be a part
of the public records of his office and shall be open to public
inspection.
Fourth. They shall forthwith cause the other of the certificates and
lists to be delivered to the judge of the district in which the
electors shall have assembled. (June 25, 1948, ch. 644, 62 Stat. 674;
Oct. 31, 1951, ch. 655 Sec. 7, 65 Stat. 712.)
3 U.S.C. Sec. 12. Failure of Certificates of Electors to Reach
President of Senate or Administrator of General Services; Demand on
State for Certificate.
When no certificate of vote and list mentioned in sections 9 and 11 of
this title from any State shall have been received by the President of
the Senate or by the Administrator of General Services by the fourth
Wednesday in December, after the meeting of the electors shall have
been held, the President of the Senate or, if he be absent from the
seat of government, the Administrator of General Services shall
request, by the most expeditious method available, the secretary of
state of the State to send up the certificate and list lodged with him
by the electors of such State; and it shall be his duty upon receipt of
such request immediately to transmit same by registered mail to the
President of the Senate at the seat of government. (June 25, 1948, ch.
644, 62 Stat. 674; Oct. 31, 1951, ch. 655, Sec. 8, 65 Stat. 712.)
3 U.S.C. Sec. 13. Same; Demand on District Judge for Certificate.
When no certificate of votes from any State shall have been received at
the seat of government on the fourth Wednesday in December, after the
meeting of the electors shall have been held, the President of the
Senate or, if he be absent from the seat of government, the
Administrator of General Services shall send a special messenger to the
district judge in whose custody one certificate of votes from that
State has been lodged, and such judge shall forthwith transmit that
list by the hand of such messenger to the seat of government. (June 25,
1948, ch. 644, 62 Stat. 674; Oct. 31, 1951, ch. 655, Sec. 9, 65 Stat.
712.)
3 U.S.C. Sec. 14. Forfeiture for Messenger's Neglect of Duty.
Every person who, having been appointed, pursuant to section 13 of this
title, to deliver the certificates of the votes of the electors to the
President of the Senate, and having accepted such appointment, shall
neglect to perform the services required from him, shall forfeit the
sum of $1,000. (June 25, 1948, ch. 644, 62 Stat. 675.)
3 U.S.C. Sec. 15. Counting Electoral Votes in Congress.
Congress shall be in session on the sixth day of January succeeding
every meeting of the electors. The Senate and House of Representatives
shall meet in the Hall of the House of Representatives at the hour of 1
o'clock in the afternoon on that day, and the President of the Senate
shall be their presiding officer. Two tellers shall be previously
appointed on the part of the Senate and two on the part of the House of
Representatives, to whom shall be handed, as they are opened by the
President of the Senate, all the certificates and papers purporting to
be certificates of the electoral votes, which certificates and papers
shall be opened, presented, and acted upon in the alphabetical order of
the States, beginning with the letter A; and said tellers, having then
read the same in the presence and hearing of the two Houses, shall make
a list of the votes as they shall appear from the said certificates;
and the votes having been ascertained and counted according to the
rules of this subchapter provided, the result of the same shall be
delivered to the President of the Senate, who shall thereupon announce
the State of the vote, which announcement shall be deemed a sufficient
declaration of the persons, if any, elected President and Vice
President of the United States, and, together with a list of the votes,
be entered on the Journals of the two Houses. Upon such reading of any
such certificate or paper, the President of the Senate shall call for
objections, if any.
Every objection shall be made in writing, and shall state clearly and
concisely, and without argument, the ground thereof, and shall be
signed by at least one Senator and one Member of the House of
Representatives before the same shall be received. When all objections
so made to any vote or paper from a State shall have been received and
read, the Senate shall thereupon withdraw, and such objections shall be
submitted to the Senate for its decision; and the Speaker of the House
of Representatives shall, in like manner, submit such objections to the
House of Representatives for its decision; and no electoral vote or
votes from any State which shall have been regularly given by electors,
whose appointment has been lawfully certified to according to section
6 of this title from which but one return has been received shall be
rejected, but the two Houses concurrently may reject the vote or votes
when they agree that such vote or votes have not been so regularly
given by electors whose appointment has been so certified. If more than
one return or paper purporting to be a return from a State shall have
been received by the President of the Senate, those votes, and those
only, shall be counted which shall have been regularly given by the
electors who are shown by the determination mentioned in section 5 of
this title to have been appointed, if the determination in said section
provided for shall have been made, or by such successors or
substitutes, in case of a vacancy in the board of electors so
ascertained, as have been appointed to fill such vacancy in the mode
provided by the laws of the State; but in case there shall arise the
question which of two or more of such State authorities determining
what electors have been appointed, as mentioned in section 5 of this
title, is the lawful tribunal of such State, the votes regularly given
of those electors, and those only, of such State shall be counted whose
title as electors the two Houses, acting separately, shall concurrently
decide is supported by the decision of such State so authorized by its
law; and in such case of more than one return or paper purporting to be
a return from a State, if there shall have been no such determination
of the question in the State aforesaid, then those votes, and those
only, shall be counted which the two Houses shall concurrently decide
were cast by lawful electors appointed in accordance with the laws of
the State, unless the two Houses, acting separately, shall concurrently
decide such votes not to be the lawful votes of the legally appointed
electors of such State. But if the two Houses shall disagree in respect
of the counting of such votes, then, and in that case, the votes of the
electors whose appointment shall have been certified by the executive
of the State, under the seal thereof, shall be counted. When the two
Houses have voted, they shall immediately again meet, and the presiding
officer shall then announce the decision of the questions submitted. No
votes or papers from any other State shall be acted upon until the
objections previously made to the votes or papers from any State shall
have been finally disposed of. (June 25, 1948, ch. 644, 62 Stat. 675.)
3 U.S.C. Sec. 16. Same; Seats for Officers and Members of Two Houses in
Joint Meeting.
At such joint meeting of the two Houses seats shall be provided as
follows: For the President of the Senate the Speaker's chair; for the
Speaker, immediately upon his left; the Senators, in the body of the
Hall upon the right of the presiding officer; for the Representatives
in the body of the Hall not provided for the Senators; for the tellers,
Secretary of the Senate, and Clerk of the House of Representatives, at
the Clerk's desk; for the other officers of the two Houses, in front of
the Clerk's desk and upon each side of the Speaker's platform. Such
joint meeting shall not be dissolved until the count of electoral votes
shall be completed and the result declared; and no recess shall be
taken unless a question shall have arisen in regard to counting any
such votes, or otherwise under this subchapter, in which case it shall
be competent for either House, acting separately, in the manner
hereinbefore provided, to direct a recess of such House not beyond the
next calendar day, Sunday excepted at the hour of 10'clock in the
forenoon. But if the counting of the electoral votes and the
declaration of the result shall not have been completed before the
fifth calendar day next after such first meeting of the two Houses, no
further or other recess shall be taken by either House. (June 25, 1948,
ch. 644, 62 Stat. 676.)
3 U.S.C. Sec. 17. Same; Limit of Debate in Each House.
When the two Houses separate to decide upon an objection that may have
been made to the counting of any electoral vote or votes from any
State, or other question arising in the matter, each Senator and
Representative may speak to such objection or question five minutes,
and not more than once; but after such debate shall have lasted two
hours it shall be the duty of the presiding officer of each House to
put the main question without further debate. (June 25, 1948, ch. 644,
62 Stat. 676.)
3 U.S.C. Sec. 18. Same; Parliamentary Procedure at Joint Meeting.
While the two Houses shall be in meeting as provided in this chapter,
the President of the Senate shall have power to preserve order; and no
debate shall be allowed and no question shall be put by the presiding
officer except to either House on a motion to withdraw. (June 25, 1948,
ch. 644, 62 Stat. 676; Sept. 3, 1954, ch. 1263, Sec. 368, Stat. 1227.)
3 U.S.C Sec. 19. Vacancy in Offices of Both President and Vice
President; Officers Eligible to Act.
(a)(1) If, by reason of death, resignation, removal from office,
inability, or failure to qualify, there is neither a President nor Vice
President to discharge the powers and duties of the Office of
President, then the Speaker of the House of Representatives shall, upon
his resignation as Speaker and as Representative in Congress, act as
President.
(2) The same rule shall apply in the case of death, resignation,
removal from office, or inability of an individual acting as President
under this subsection.
(b) If, at the time when under subsection (a) of this section a Speaker
is to begin the discharge of the powers and duties of the office of
President, there is no Speaker, or the Speaker fails to qualify as
Acting President, then the President pro tempore of the Senate shall,
upon his resignation as President pro tempore and as Senator, act as
President.
(c) An individual acting as President under subsection (a) or
subsection (b) of this section shall continue to act until the
expiration of the then current Presidential term, except that--
(1) if his discharge of the powers and duties of the office is founded
in whole or in part on the failure of both the President-elect and the
Vice President-elect to qualify, then he shall act only until a
President or Vice President qualifies; and
(2) if his discharge of the powers and duties of the office is founded
in whole or in part on the inability of the President or Vice
President, then he shall act only until the removal of the disability
of one of such individuals.
(d)(1) If, by reason of death, resignation, removal from office,
inability, or failure to qualify, there is no President pro tempore to
act as President under subsection (b) of this section, then the officer
of the United States who is highest on the following list, and who is
not under disability to discharge the powers and duties of the office
of President shall act as President: Secretary of State, Secretary of
the Treasury, Secretary of Defense, Attorney General, Secretary of the
Interior, Secretary of Agriculture, Secretary of Commerce, Secretary of
Labor, Secretary of Health and Human Services, Secretary of Housing and
Urban Development, Secretary of Transportation, Secretary of Energy,
Secretary of Education, Secretary of Veterans' Affairs.
(2) An individual acting as President under this subsection shall
continue to do so until the expiration of the then current Presidential
term, but not after a qualified and prior-entitled individual is able
to act, except that the removal of the disability of an individual
higher on the list contained in paragraph (1) of this subsection or the
ability to qualify on the part of an individual higher on such list
shall not terminate his service.
(3) The taking of the oath of office by an individual specified in the
list in paragraph (1) of this subsection shall be held to constitute
his resignation from the office by virtue of the holding of which he
qualifies to act as President.
(e) Subsections (a), (b), and (d) of this section shall apply only to
such officers as are eligible to the office of President under the
Constitution. Subsection (d) of this section shall apply only to
officers appointed, by and with the advice and consent of the Senate,
prior to the time of the death, resignation, removal from office,
inability, or failure to qualify, of the President pro tempore, and
only to officers not under impeachment by the House of Representatives
at the time the powers and duties of the office of President devolve
upon them.
(f) During the period that any individual acts as President under this
section, his compensation shall be at the rate then provided by law in
the case of the President. (June 25, 1948, ch. 644, 62 Stat. 677; as
amended Sept. 9, 1965, Pub.L. 89-174, Sec. 6(a), 79 Stat. 669; Oct. 15,
1966, Pub.L. 89-670, Sec. 10(a), 80 Stat. 948; Aug. 12, 1970, Pub.L.
91-375, Sec. 6(b), 84 Stat. 775; Oct. 17, 1979, Pub.L. 96-88, title V,
Sec. 508(a), 93 Stat. 692.)
3 U.S.C. Sec. 20. Resignation or Refusal of Office.
The only evidence of a refusal to accept, or of a resignation of the
office of President or Vice President, shall be an instrument in
writing, declaring the same, and subscribed by the person refusing to
accept or resigning, as the case may be, and delivered into the office
of the Secretary of State. (June 25, 1948, ch. 644, 62 Stat. 678.)
3 U.S.C. Sec. 21. Definitions.
As used in this chapter the term--
(a) ``State'' includes the District of Columbia.
(b) ``executives of each State'' includes the Board of Commissioners of
the District of Columbia.
(Added Pub.L. 87-389, Sec. 2(a), Oct. 4, 1961, 75 Stat. 820.)
C. Voting Rights Act Amendments of 1970--Residence Requirements (Title
42, United States Code)
CHAPTER 20.--ELECTIVE FRANCHISE
In 1970 Congress enacted the Voting Rights Act Amendments of 1970
(Pub.L. 91-285, 84 Stat. 314), which provided in title II, section 202
for the abolition of durational residency requirements for voting in
presidential elections and required the States to provide for absentee
registration and voting in presidential elections:
42 U.S.C Sec. 1973aa-1. Residence Requirements for Voting.
(a) Congressional findings.
The Congress hereby finds that the imposition and application of the
durational residency requirement as a precondition to voting for the
offices of President and Vice President, and the lack of sufficient
opportunities for absentee registration and absentee balloting in
presidential elections--
(1) denies or abridges the inherent constitutional right of citizens to
vote for their President and Vice President;
(2) denies or abridges the inherent constitutional right of citizens to
enjoy their free movement across State lines;
(3) denies or abridges the privileges and immunities guaranteed to the
citizens of each State under article IV, section 2, clause 1, of the
Constitution;
(4) in some instances has the impermissible purpose or effect of
denying citizens the right to vote for such officers because of the way
they may vote;
(5) has the effect of denying to citizens the equality of civil rights,
and due process and equal protection of the law that are guaranteed to
them under the fourteenth amendment; and
(6) does not bear a reasonable relationship to any compelling State
interest in the conduct of presidential elections.
(b) Congressional declaration: durational residency requirement,
abolishment; absentee registration and balloting standards,
establishment.
Upon the basis of these findings, Congress declares that in order to
secure and protect the above-stated rights of citizens under the
Constitution, to enable citizens to better obtain the enjoyment of such
rights, and to enforce the guarantees of the fourteenth amendment, it
is necessary (1) to completely abolish the durational residency
requirement as a precondition to voting for President and Vice
President, and (2) to establish nationwide, uniform standards relative
to absentee registration and absentee balloting in presidential
elections.
(c) Prohibition of denial of rights to vote because of durational
residency requirement or absentee balloting.
No citizen of the United States who is otherwise qualified to vote in
any election for President and Vice President shall be denied the right
to vote for electors for President and Vice President, or for President
and Vice President, in such election because of the failure of such
citizen to comply with any durational residency requirement of such
State or political subdivision; nor shall any citizen of the United
States be denied the right to vote for electors for President and Vice
President, or for President and Vice President, in such election
because of the failure of such citizen to be physically present in such
State or political subdivision at the time of such election, if such
citizen shall have complied with the requirements prescribed by the law
of such State or political subdivision providing for the casting of
absentee ballots in such election.
(d) Registration: time for application; absentee balloting; time of
application and return of ballots.
For the purposes of this section, each State shall provide by law for
the registration or other means of qualification of all duly qualified
residents of such State who apply, not later than thirty days
immediately prior to any presidential election, for registration or
qualification to vote for the choice of electors for President and Vice
President in such election; and each State shall provide by law for the
casting of absentee ballots for the choice of electors for President
and Vice President, or for President and Vice President, by all duly
qualified residents of such State who may be absent from their election
district or unit in such State on the day such election is held and who
have applied therefor not later than seven days immediately prior to
such election and have returned such ballots to the appropriate
election official of such State not later than the time of closing of
the polls in such State on the day of such election.
(e) Change of residence; voting in person or by absentee ballot in
State of prior residence.
If any citizen of the United States who is otherwise qualified to vote
in any State or political subdivision in any election for President and
Vice President has begun residence in such State or political
subdivision after the thirtieth day next preceding such election and,
for that reason, does not satisfy the registration requirements of such
State or political subdivision he shall be allowed to vote for the
choice of electors for President and Vice President, or for President
and Vice President, in such election, (1) in person in the State or
political subdivision in which he resided immediately prior to his
removal if he had satisfied, as of the date of his change of residence,
the requirements to vote in that State or political subdivision, or (2)
by absentee ballot in the State or political subdivision in which he
resided immediately prior to his removal if he satisfies, but his
nonresident status and the reason for his absence, the requirements for
absentee voting in that State or political subdivision.
(f) Absentee registration requirement.
No citizen of the United States who is otherwise qualified to vote by
absentee ballot in any State or political subdivision in any election
for President and Vice President shall be denied the right to vote for
the choice of electors for President and Vice President, or for
President and Vice President, in such election because of any
requirement of registration that does not include a provision for
absentee registration.
(g) State or local adoption of less restrictive voting practices.
Nothing in this section shall prevent any State or political
subdivision from adopting less restrictive voting practices than those
that are prescribed herein.
(h) Definition of ``State''.
The term ``State'' as used in this section includes each of the several
States and the District of Columbia.
(i) False registration, and other fraudulent acts and conspiracies:
application of penalty for false information in registering or voting.
The provisions of section 1973i(c) of this title shall apply to false
registration, and other fraudulent acts and conspiracies, committed
under this section.
(Pub.L. 89-110, title II, Sec. 202, as added Pub.L. 91-285, Sec. 6,
June 22, 1970, 84 Stat. 316.)
D. Campaign Financing, Reporting and Disclosure (Title 2, United States
Code)
2 U.S.C. Sec. 431. Definitions.
When used in this Act:
(1) The term ``election'' means--
(A) a general, special, primary, or runoff election;
(B) a convention or caucus of a political party which has authority to
nominate a candidate;
(C) a primary election held for the selection of delegates to a
national nominating convention of a political party; and
(D) a primary election held for the expression of a preference for the
nomination of individuals for election to the office of President.
(2) The term ``candidate'' means an individual who seeks nomination for
election, or election, to Federal office, and for purposes of this
paragraph, an individual shall be deemed to seek nomination for
election, or election--
(A) if such individual has received contributions aggregating in excess
of $5,000 or has made expenditures aggregating in excess of $5,000; or
(B) if individual has given his or her consent to another person to
receive contributions or make expenditures on behalf of such individual
and if such person has received such contributions aggregating in
excess of $5,000 or has made such expenditures aggregating in excess of
$5,000.
(3) The term ``Federal office'' means the office of President or Vice
President, or of Senator or Representative in, or Delegate or Resident
Commissioner to, the Congress.
(4) The term ``political committee'' means--
(A) any committee, club, association, or other group of persons which
receives contributions aggregating in excess of $1,000 during a
calendar year or which makes expenditures aggregating in excess of
$1,000 during a calendar year; or
(B) any separate segregated fund established under the provisions of
section 441b(b) of this title; or
(C) any local committee of a political party which receives
contributions aggregating in excess of $5,000 during a calendar year,
or makes payments exempted from the definition of contribution or
expenditure as defined in paragraphs (8) and (9) of this section
aggregating in excess of $5,000 during a calendar year, or makes
contributions aggregating in excess of $1,000 during a calendar year or
makes expenditures aggregating in excess of $1,000 during a calendar
year.
(5) The term ``principal campaign committee'' means a political
committee designated and authorized by a candidate under section
432(e)(1) of this title.
(6) The term ``authorized committee'' means the principal campaign
committee or any other political authorized by a candidate under
section 432(e)(1) of this title. To receive contributions or make
expenditures on behalf of such candidate.
(7) The term ``connected organization'' means any organization which is
to a political committee but which directly or indirectly establishes,
administers, or financially supports a political committee.
(8)(A) The term ``contribution'' includes--
(i) any gift, subscription, loan, advance, or deposit of money or
anything of value made by any person for the purpose of influencing any
election for Federal office; or
(ii) the payment by any person of compensation for the personal
services of another person which are rendered to a political committee
without charge for any purpose.
(B) The term ``contribution'' does not include--
(i) the value of services provided without compensation by any
individual who volunteers on behalf of a candidate or political
committee;
(ii) the use of real or personal property, including a church or
community room used on a regular basis by members of a community for
noncommercial purposes, and the cost of invitations, food, and
beverages, voluntarily provided by an individual to any candidate or
any political committee of a political party in rendering voluntary
personal services on the individual's residential premises or in the
church or community room for candidate-related or political party-
related activities, to the extent that the cumulative value of such
invitations, food, and beverages provided by such individual on behalf
of any single candidate does not exceed $1,000 with respect to any
single election, and on behalf of all political committees of a
political party does not exceed $2,000 in any calendar year;
(iii) the sale of any food or beverage by a vendor for use in any
candidate's campaign or for use or by or on behalf of any political
committee of a political party at a charge less than the normal
comparable charge, if such charge is at least equal to the cost of such
food or beverage to the vendor, to the extent that the cumulative value
of such activity by such vendor on behalf of any single candidate does
not exceed $1,000 with respect to any single election and on behalf of
all political committees of a political party does not exceed $2,000 in
any calendar year;
(iv) any unreimbursed payment for travel expenses made by any
individual on behalf of any candidate or any political committee of a
political party, to the extent that the cumulative value of such
activity by such individual on behalf of any single candidate does not
exceed $1,000 with respect to any single election, and on behalf of all
political committees of a political party does not exeed $2,000 in any
calendar year;
(v) the payment by a State or local committee of a political party of
the costs of preparation, display, or mailing or other distribution
incurred by such committee with respect to a printed slate card or
sample ballot, or other printed listing, of 3 or more candidates for
any public office for which an election is held in the State in which
such committee is organized, except that this clause shall not apply to
any cost incurred by such committee with respect to a display of any
such listing made on broadcasting station, or in newspapers, magazines,
or similar types of general public political advertising;
(vi) any payment made or obligation incurred by a corporation or a
labor organization which, under section 441b(b) of this title, would
not constitute an expenditure by such corporation or labor
organization;
(vii) any loan of money by a State bank, a federally chartered
depository institution, or a depository institution the deposits or
accounts of which are insured by the Federal Deposit Insurance
Corporation, Federal Savings and Loan Insurance Corporation, or the
National Credit Union Administration, other than any overdraft made
with respect to a checking or savings account, made in accordance with
applicable law and in the ordinary course of business, but such loan--
(I) shall be considered a loan by each endorser or guarantor, in that
proportion of the unpaid balance that each endorser or guarantor bears
to the total number of endorsers or guarantors;
(II) shall be made on a basis which assures repayment, evidenced by a
written instrument, and subject to a due date or amortization schedule;
and
(III) shall bear the usual and customary interest rate of the lending
institution;
(viii) any gift, subscription, loan, advance, or deposit of money or
anything of value to a national or a State committee of a political
party specifically designated to defray any cost for construction or
purchase of any office facility not acquired for the purpose of
influencing the election of any candidate in any particular election
for Federal office;
(ix) any legal or accounting services rendered to or on behalf of--
(I) any political committee of a political party if the person paying
for such services is the regular employer or the person rendering such
services and if such services are not attributable to activities which
directly further the election of any designated candidate to Federal
office; or
(II) an authorized committee of a candidate or any other political
committee, if the person paying for such services is the regular
employer of the individual rendering such services and if such services
are solely for the purpose of ensuring compliance with this Act or
chapter 95 or chapter 96 of title 26.
but amounts paid or incurred by the regular employer for such legal or
accounting services shall be reported in accordance with section 434(b)
of this title by the committee receiving such services;
(x) the payment by a State or local committee of a political party of
the costs of campaign materials (such as pins, bumper stickers,
handbills, brochures, posters, party tabloids, and yard signs) used by
such committee in connection with volunteer activities on behalf of
nominees of such party: Provided, That--
(1) such payments are not for the costs of campaign materials or
activities used in connection with any broadcasting, newspaper,
magazine, billboard, direct mail, or similar type of general public
communication or political advertising;
(2) such payments are made from contributions subject to the
limitations and prohibitions of this Act; and
(3) such payments are not made from contributions designated to be
spent on behalf of a particular candidate or particular candidates;
(xi) the payment by a candidate, for nomination or election to any
public office (including State or local office), or authorized
committee of a candidate, of the costs of campaign materials which
include information on or reference to any other candidate and which
are used in connection with volunteer activities (including pins,
bumper stickers, handbills, brochures, posters, and yard signs, but not
including the use of broadcasting, newspapers, magazines, billboards,
direct mail, or similar types of general public communication or
political advertising): Provided, That such payments are made from
contributions subject to the limitations and prohibitions of this Act;
(xii) the payment by a State or local committee of a political party of
the costs of voter registration and get-out-the-vote activities
conducted by such committee on behalf of nominees of such party for
President and Vice President: Provided, That--
(1) such payments are not for the costs of campaign materials or
activities used in connection with any broadcasting, newspaper,
magazine, billboard, direct mail, or similar type of general public
communication or political advertising;
(2) such payments are made from contributions subject to the
limitations and prohibitions of this Act; and
(3) such payments are not made from contributions designated to be
spent on behalf of a particular candidate or candidates;
(xiii) payments made by a candidate or the authorized committee of a
candidate as a condition of ballot access and payments received by any
political party committee as a condition of ballot access; and
(xiv) any honorarium (within the meaning of section 441i of this
title).
(9)(A) The term ``expenditure'' includes--
(i) any purchase, payment, distribution, loan, advance, deposit, or
gift of money or anything of value, made by any person for the purpose
of influencing any election for Federal office; and
(ii) a written contract, promise, or agreement to make an expenditure.
(B) The term ``expenditure'' does not include--
(i) any news story, commentary, or editorial distributed through the
facilities of any broadcasting station, newspaper, magazine, or other
periodical publication, unless such facilities are owned or controlled
by any political party, political committee, or candidate;
(ii) nonpartisan activity designated to encourage individuals to vote
or to register to vote;
(iii) any communication by any membership organization or corporation
to its members, stockholders, or executive or administrative personnel,
if such membership organization or corporation is not organized
primarily for the purpose of influencing the nomination for election,
or election, of any individual to Federal office, except that the costs
incurred by a membership organization (including a labor organization)
or by a corporation directly attributable to a communication expressly
advocating the election or defeat of a clearly identified candidate
(other than a communication primarily devoted to subjects other than
the express advocacy of the election or defeat of a clearly identified
candidate), shall, if such costs exceed $2,000 for any election, be
reported to the Commission in accordance with section 434(a)(4)(A)(i)
of this title and in accordance with section 434(a)(4)(A)(ii) of this
title with respect to any general election;
(iv) the payment by a State or local committee of a political party of
the costs of preparation, display, or mailing or other distribution
incurred by such committee with respect to a printed slate card or
sample ballot, or other printed listing, of 3 or more candidates for
any public office for which an election is held in the State in which
such committee is organized, except that this clause shall not apply to
costs incurred by such committee with respect to a display of any such
listing made on broadcasting stations, or in newspapers, magazines, or
similar types of general public political advertising;
(v) any payment made or obligation incurred by a corporation or a labor
organization which, under section 441b(b) of this title, would not
constitute an expenditure by such corporation or labor organization;
(vi) any costs incurred by an authorized committee or candidate in
connection with the solicitation of contributions on behalf of such
candidate, except that this clause shall not apply with respect to
costs incurred by an authorized committee of a candidate in excess of
an amount equal to 20 percent of the expenditure limitation applicable
to such candidate under section 441a(b) but all such costs shall be
reported in accordance with section 434(b);
(vii) the payment of compensation for legal or accounting services--
(I) rendered to or on behalf of any political committee of a political
party if the person paying for such services is the regular employer of
the individual rendering such services, and if such services are not
attributable to activities which directly further the election of any
designated candidate to Federal office; or
(II) rendered to or on behalf of a candidate or political committee if
the person paying for such services is the regular employer of the
individual rendering such services, and if such services are solely for
the purpose of ensuring compliance with this Act or chapter 95 or
chapter 96 of title 26, but amounts paid or incurred by the regular
employer for such legal or accounting services shall be reported in
accordance with section 434(b) by the committee receiving such
services;
(viii) the payment by a State or local committee of a political party
of the costs of campaign materials (such as pins, bumper stickers,
handbills, brochures, posters, party tabloids, and yard signs) used by
such committee in connection with volunteer activities on behalf of
nominees of such part: Provided, That--
(1) such payments are not for the costs of campaign materials or
activities used in connection with any broadcasting, newspaper,
magazine, billboard, direct mail, or similar type of general public
communication or political advertising;
(2) such payments are made from contributions subject to the
limitations and prohibitions of this Act; and
(3) such payments are not made from contributions designated to be
spent on behalf of a particular candidate or particular candidates;
(ix) the payment by a State or local committee of a political party of
the costs of voter registration and get-out-the-vote activities
conducted by such committee on behalf of nominees of such party for
President and Vice President: Provided, That--
(1) such payments are not for the costs of campaign materials or
activities used in connection with any broadcasting, newspaper,
magazine, billboard, direct mail, or similar type of general public
communication or political advertising;
(2) such payments are made from contributions subject to the
limitations and prohibitions of this Act; and
(3) such payments are not made from contributions designated to be
spent on behalf of a particular candidate or candidates; and
(x) payments received by a political party committee as a condition of
ballot access which are transferred to another political party
committee or the appropriate State official.
(10) The term ``Commission'' means the Federal Election Commission.
(11) The term ``person'' includes an individual partnership, committee,
association, corporation, labor organization, or any other organization
or group of persons, but such term does not include the Federal
Government or any authority of the Federal Government.
(12) The term ``State'' means a State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, or a territory
or possession of the United States.
(13) The term ``identification'' means--
(A) in the case of any individual, the name, the mailing address, and
the occupation of such individual, as well as the name of his or her
employer; and
(B) in the case of any other person, the full name and address of such
person.
(14) The term ``national committee'' means the organization which, by
virtue of the bylaws of a political party, is responsible for the day-
to-day operation of such political party at the national level, as
determined by the Commission.
(15) The term ``State committee'' means the organization which, by
virtue of the bylaws of a political party, is responsible for the day-
to-day operation of such political party at the State level, as
determined by the Commission.
(16) The term ``political party'' means an association, committee, or
organization which nominates a candidate for election to any Federal
office whose name appears on the election ballot as the candidate of
such association, committee, or organization.
(17) The term ``independent expenditure'' means an expenditure by a
person expressly advocating the election or defeat of a clearly
identified candidate which is made without cooperation or consultation
with any candidate, or any authorized committee or agent of such
candidate, and which is not made in concert with, or at the request or
suggestion of, any candidate, or any authorized committee or agent of
such candidate.
(18) The term ``clearly identified'' means that--
(A) the name of the candidate involved appears;
(B) a photograph or drawing of the candidate appears; or
(C) the identity of the candidate is apparent by unambiguous reference.
(19) The term ``Act'' means the Federal Election Campaign Act of 1971
as amended.
(Pub.L. 92-225, title III, Sec. 301, Feb. 7, 1972, 86 Stat. 11, as
amended by Pub.L. 93-443, title II, Sec. Sec. 201(a), 208(c)(1), Oct.
15, 1974, 88 Stat. 1272-75, 1286; Pub.L. 94-283, title I,
Sec. Sec. 102, 115(d), 115(h), May 11, 1976, 90 Stat. 478, 495, 496,
and amended by Pub.L. 96-187, title I, Sec. 101, Jan. 8, 1980, 93 Stat.
1339-45.)
2 U.S.C. Sec. 432. Organization of Political Committees.
(a) Treasurer; vacancy; official authorizations.
Every political committee shall have a treasurer. No contribution or
expenditure shall be accepted or made by or on behalf of a political
committee during any period in which the office of treasurer is vacant.
No expenditure shall be made for or on behalf of a political committee
without the authorization of the treasurer or his or her designated
agent.
(b) Account of contributions; segregated funds.
(1) Every person who receives a contribution for an authorized
political committee shall, not later than 10 days after receiving such
contribution, forward to the treasurer such contribution, and if the
amount of the contribution is in excess of $50 the name and address of
the person making the contribution and the date of receipt.
(2) Every person who receives a contribution for a political committee
which is not an authorized committee shall--
(A) if the amount of the contribution is $50 or less, forward to the
treasurer such contribution no later than 30 days after receiving the
contribution; and
(B) if the amount of the contribution is in excess of $50, forward to
the treasurer such contribution, the name and address of the person
making the contribution, and the date of receipt of the contribution,
no later than 10 days after receiving the contribution.
(3) All funds of a political committee shall be segregated from, and
may not be commingled with, the personal funds of any individual.
(c) Recordkeeping.
The treasurer of a political committee shall keep an account of--
(1) all contributions received by or on behalf of such political
committee;
(2) the name and address of any person who makes any contribution in
excess of $50, together with the date and amount of such contribution
by any person;
(3) the identification of any person who make a contribution or
contributions aggregating more than $200 during a calendar year,
together with the date and amount of any such contribution;
(4) the identification of any political committee which makes a
contribution, together with the date and amount of any such
contribution; and
(5) the name and address of every person to whom any disbursement is
made, the date, amount, and purpose of the disbursement, and the name
of the candidate and the office sought by the candidate, if any, for
whom the disbursement was made, including a receipt, invoice, or
canceled check for each disbursement in excess of $200.
(d) Preservation of records and copies of reports.
The treasurer shall preserve all records required to be kept by this
section and copies of all reports required to be filed by this
subchapter for 3 years after the report is filed. For any report filed
in electronic format under 434(a)(11) of this title, the treasurer
shall retain a machine-readable copy of the report as the copy
preserved under the preceding sentence.
(e) Principal and additional campaign committees; designations, status
of candidate, authorized committees, etc.
(1) Each candidate for Federal office (other than the nominee for the
office of Vice President) shall designate in writing a political
committee in accordance with paragraph (3) to serve as the principal
campaign committee of such candidate. Such designation shall be made no
later than 15 days after becoming a candidate. A candidate may
designate additional political committees in accordance with paragraph
(3) to serve as authorized committees of such candidate. Such
designation shall be in writing and filed with the principal campaign
committee of such candidate in accordance with subsection (f)(1) of
this section.
(2) Any candidate described in paragraph (1) who receives a
contribution, or any loan for use in connection with the campaign of
such candidate for election, or makes a disbursement in connection with
such campaign, shall be considered, for purposes of this Act, as having
received the contribution or loan, or as having made the disbursement,
as the case may be, as an agent of the authorized committee or
committees of such candidate.
(3)(A) No political committee which supports or has supported more than
one candidate may be designated as an authorized committee, except
that--
(i) the candidate for the office of President nominated by a political
party may designate the national committee of such political party as a
principal campaign committee, but only if that national committee
maintains separate books of account with respect to its function as a
principal campaign committee; and
(ii) candidates may designate a political committee established solely
for the purpose of joint fundraising by such candidates as an
authorized committee.
(B) As used in this section, the term ``support'' does not include a
contribution by any authorized committee in amounts of $1,000 or less
to an authorized committee of any other candidate.
(4) The name of each authorized committee shall include the name of the
candidate who authorized such committee under paragraph (1). In the
case of any political committee which is not an authorized committee,
such political committee shall not include the name of any candidate in
its name.
(5) The name of any separate segregated fund established pursuant to
section 441b(b) shall include the name of its connected organization.
(f) Filing with and receipt of designations, statements, and reports by
principal campaign committees.
(1) Notwithstanding any other provision of this Act, each designation,
statement, or report of receipts of disbursements made by an authorized
committee of a candidate shall be filed with the candidate's principal
campaign committee.
(2) Each principal campaign committee shall receive all designations,
statements, and reports required to be filed with it under paragraph
(1) and shall compile and file such designations, statements, and
reports in accordance with this Act.
(g) Filing with and receipt of designations, statements, and reports by
Secretary of Senate; forwarding to Commission; filing requirements with
Commission; public inspection and preservation of designations, etc.
(1) Designations, statements, and reports required to be filed under
this Act by a candidate for the office of Senator by the principal
campaign committee of such candidate, and by the Republican and
Democratic Senatorial Campaign Committees shall be filed with the
Secretary of the Senate, who shall receive such designations,
statements, and reports, as custodian for the Commission.
(2) The Secretary of the Senate shall forward a copy of any
designation, statement, or report filed with the Secretary under this
subsection to the Commission as soon as possible (but no later than 2
working days) after receiving such designation, statement, or report.
(3) All designations, statements, and reports required to be filed
under this Act, except designations, statements, and reports filed in
accordance with paragraph (1), shall be filed with the Commission.
(4) The Secretary of the Senate shall make the designations,
statements, and reports received under this subsection available for
public inspection and copying in the same manner as the Commission
under section 438(a)(4) of this title, and shall preserve such
designations, statements, and reports in the same manner as the
Commission under section 438(a)(5) of this title.
(h) Campaign depositories; designations, maintenance of accounts, etc.;
petty cash fund for disbursements; record of disbursements.
(1) Each political committee shall designate one or more State banks,
federally chartered depository institutions, or depository institutions
the deposits or accounts of which are insured by the Federal Deposit
Insurance Corporation, the Federal Savings and Loan Insurance
Corporation, or the National Credit Union Administration, as its
campaign depository or depositories. Each political committee shall
maintain at least one checking account and such other accounts as the
committee determines at a depository designated by such committee. All
receipts received by such committee shall be deposited in such
accounts. No disbursements may be made (other than petty cash
disbursement under paragraph (2)) by such committee except by check
drawn on such accounts in accordance with this section.
(2) A political committee may maintain a petty cash fund for
disbursements not in excess of $100 to any person in connection with a
single purchase or transaction. A record of all petty cash
disbursements shall be maintained in accordance with subsection (c)(5)
of this section.
(i) Reports and records, compliance with requirements based on best
efforts.
When the treasurer of a political committee shows that best efforts
have been used to obtain, maintain, and submit the information required
by this Act for the political committee, any report or any records of
such committee shall be considered in compliance with this Act or
chapter 95 or chapter 96 of title 26.
(Pub.L. 92-225, title III, Sec. 302, Feb. 7, 1972, 86 Stat. 12, as
amended by Pub.L. 93-443, title II, Sec. Sec. 202, 208(c)(2), Oct. 15,
1974, 88 Stat. 1275-76, 1286, and amended by Pub.L. 94-283, title I,
Sec. 103, May 11, 1976, 90 Stat. 480, and amended by Pub.L. 96-187,
title I, Sec. 102, Jan. 8, 1980, 93 Stat. 1345-47; Pub.L. 104-79,
Sec. Sec. 1(b), 3(a), Dec. 28, 1995, 109 Stat. 791, 792; Pub.L. 105-61,
Title VI, Sec. 637, Oct. 10, 1997, 111 Stat. 1316.)
2 U.S.C. Sec. 433. Registration of Political Committees.
(a) Statements of organizations.
Each authorized campaign committee shall file a statement of
organization not later than 10 days after designation pursuant to
section 432(e)(1). Each separate segregated fund established under the
provisions of section 441b(b) shall file a statement of organization no
later than 10 days after establishment. All other committees shall file
a statement of organization within 10 days after becoming a political
committee within the meaning of section 431(4).
(b) Contents of statements.
The statement of organization of a political committee shall include--
(1) the name, address, and type of committee;
(2) the name, address, relationship, and type of any connected
organization or affiliated committee;
(3) the name, address, and position of the custodian of books and
accounts of the committee;
(4) the name and address of the treasurer of the committee;
(5) if the committee is authorized by a candidate, the name, address,
office sought, and party affiliation of the candidate; and
(6) a listing of all banks, safety deposit boxes, or other depositories
used by the committee.
(c) Change of information in statements.
Any change in information previously submitted in a statement of
organization shall be reported in accordance with section 432(g) no
later than 10 days after the date of the change.
(d) Termination, etc., requirements of authorities.
(1) A political committee may terminate only when such a committee
files a written statement, in accordance with section 432(g), that it
will no longer receive any contributions or make any disbursements and
that such committee has no outstanding debts or obligations.
(2) Nothing contained in this subsection may be construed to eliminate
or limit the authority of the Commission to establish procedures for--
(A) the determination of insolvency with respect to any political
committee;
(B) the orderly liquidation of an insolvent political committee, and
the orderly application of its assets for the reduction of outstanding
debts; and
(C) the termination of an insolvent political committee after such
liquidation and application of assets.
(Pub.L. 92-225, title III, Sec. 303, Feb. 7, 1972, 86 Stat. 14, as
amended by Pub.L. 93-443, title II, Sec. Sec. 203, 208(c)(3), Oct. 15,
1974, 88 Stat. 1276, 1286, and amended by Pub.L. 96-187, title I,
Sec. 103, Jan. 8, 1980, 93 Stat. 1347-48.)
2 U.S.C. Sec. 434. Reporting Requirements.
(a) Receipts and disbursements by treasurers of political committees;
filing requirements.
(1) Each treasurer of a political committee shall file reports of
receipts and disbursements in accordance with the provisions of this
subsection. The treasurer shall sign each such report.
(2) If the political committee is the principal campaign committee of a
candidate for the House of Representatives or for the Senate--
(A) in any calendar year during which there is regularly scheduled
election for which such candidate is seeking election, or nomination
for election, the treasurer shall file the following reports:
(i) a pre-election report, which shall be filed no later than the 12th
day before (or posted by registered or certified mail no later than the
15th day before) any election in which such candidate is seeking
election, or nomination for election, and which shall be complete as of
the 20th day before such election;
(ii) a post-general election report, which shall be filed no later than
the 30th day after any general election in which such candidate has
sought election, and which shall be complete as of the 20th day after
such general election; and
(iii) additional quarterly reports, which shall be filed no later than
the 15th day after the last day of each calendar quarter, and which
shall be complete as of the last day of each calendar quarter: except
that the report for the quarter ending December 31 shall be filed no
later than January 31 of the following calendar year; and
(B) in any other calendar year the following reports shall be filed:
(i) a report covering the period beginning January 1 and ending June
30, which shall be filed no later than July 31; and
(ii) a report covering the period beginning July 1 and ending December
31, which shall be filed no later than January 31 of the following
calendar year.
(3) If the committee is the principal campaign committee of a candidate
for the office of President--
(A) in any calendar year during which a general election is held to
fill such office--
(i) the treasurer shall file monthly reports if such committee has on
January 1 of such year, received contributions aggregating $100,000 or
made expenditures aggregating $100,000 or anticipates receiving
contributions aggregating $100,000 or more or making expenditures
aggregating $100,000 or more during such year: such monthly reports
shall be filed no later than the 20th day after the last day of each
month and shall be complete as of the last day of the month, except
that, in lieu of filing the report otherwise due in November and
December, a pre-general election report shall be filed in accordance
with paragraph (2)(A)(i), a post-general election report shall be filed
in accordance with paragraph (2)(A)(ii), and a year end report shall be
filed no later than January 31 of the following calendar year;
(ii) the treasurer of the other principal campaign committees of a
candidate for the office of President shall file a pre-election report
or reports in accordance with paragraph (2)(A)(i), a post-general
election report in accordance with paragraph (2)(A)(ii), and quarterly
reports in accordance with paragraph (2)(A)(iii); and
(iii) if at any time during the election year a committee filing under
paragraph (3)(A)(ii) receives contributions in excess of $100,000 or
makes expenditures in excess of $100,000, the treasurer shall begin
filing monthly reports under paragraph (3)(A)(i) at the next reporting
period; and
(B) in any other calendar year, the treasurer shall file either--
(i) monthly reports, which shall be filed no later than the 20th day
after the last day of each month and shall be complete as of the last
day of the month; or
(ii) quarterly reports, which shall be filed no later than the 15th day
after the last day of each calendar quarter and which shall be complete
as of the last day of each calendar quarter.
(4) All political committees other than authorized committees of a
candidate shall file either--
(A)(i) quarterly reports, in a calendar year in which a regularly
scheduled general election is held, which shall be filed no later than
the 15th day after the last day of each calendar quarter: except that
the report for the quarter ending on December 31 of such calendar year
shall be filed no later than January 31 of the following calendar year;
(ii) a pre-election report, which shall be filed no later than the 12th
day before (or posted by registered or certified mail no later than the
15th day before) any election in which the committee makes a
contribution to or expenditure on behalf of a candidate in such
election, and which shall be complete as of the 20th day before the
election;
(iii) a post-general election report, which shall be filed no later
than the 30th day after the general election and which shall be
complete as of the 20th day after such general election; and
(iv) in any other calendar year, a report covering the period beginning
January 1 and ending June 30, which shall be filed no later than July
31 and a report covering the period beginning July 1 and ending
December 31, which shall be filed no later than January 31 of the
following calendar year; or
(B) monthly reports in all calendar years which shall be filed no later
than the 20th day after the last day of the month and shall be complete
as of the last day of the month, except that, in lieu of filing the
reports otherwise due in November and December of any year in which a
regularly scheduled general election is held, a pre-general election
report shall be filed in accordance with paragraph (2)(A)(i), a post-
general election report shall be filed in accordance with paragraph
(2)(A)(ii), and a year end report shall be filed no later than January
31 of the following calendar year.
(5) If a designation, report, or statement filed pursuant to this Act
(other than under paragraph (2)(A)(i) or (4)(A)(ii) is sent by
registered or certified mail, the United States postmark shall be
considered the date of filing of the designation, report, or statement.
(6)(A) The principal campaign committee of a candidate shall notify the
Secretary or the Commission, and the Secretary of State, as
appropriate, in writing, of any contribution of $1,000 or more received
by any authorized committee of such candidate after the 20th day, but
more than 48 hours before, any election. This notification shall be
made within 48 hours after the receipt of such contribution and shall
include the name of the candidate and the office sought by the
candidate, the identification of the contributor, and the date of
receipt and amount of the contribution.
(B) The notification required under this paragraph shall be in addition
to all other reporting requirements under this Act.
(7) The reports required to be filed by this subsection shall be
cumulative during the calendar year to which they relate, but where
there has been no change in an item reported in a previous report
during such year, only the amount need be carried forward.
(8) The requirement for a political committee to file a quarterly
report under paragraph (2)(A)(iii) or paragraph (4)(A)(i) shall be
waived if such committee is required to file a pre-election report
under paragraph (2)(A)(i), or paragraph (4)(A)(ii) during the period
beginning on the 5th day after the close of the calendar quarter and
ending on the 15th day after the close of the calendar quarter.
(9) The Commission shall set filing dates for reports to be filed by
principal campaign committees of candidates seeking election, or
nomination for election, in special elections and political committees
filing under paragraph (4)(A) which make contributions to or
expenditures on behalf of a candidate or candidates in special
elections. The Commission shall require no more than one pre-election
report for each election and one post-election report for the election
which fills the vacancy. The Commission may waive any reporting
obligation of committees required to file for special elections if any
report required by paragraph (2) or (4) is required to be filed within
10 days of a report required under this subsection. The Commission
shall establish the reporting dates within 5 days of the setting of
such election and shall publish such dates and notify the principal
campaign committees of all candidates in such election of the reporting
dates.
(10) The treasurer of a committee supporting a candidate for the office
of Vice President (other than the nominee of a political party) shall
file reports in accordance with paragraph (3).
(11)(A) The Commission shall permit reports required by this Act to be
filed and preserved by means of computer disk or any other appropriate
electronic format or method, as determined by the Commission.
(B) In carrying out subparagraph (A) with respect to filing of reports;
the Commission shall provided for one or more methods (other than
requiring a signature on the report being filed) for verifying reports
filed by means of computer disk or other electronic format or method.
Any verification under the preceding sentence shall be treated for all
purposes (including penalties for perjury) in the same manner as a
verification by signature.
(C) As used in this paragraph, the term ``report'' means, with respect
to the Commission, a report, designation, or statement required by this
Act to be filed with the Commission.
(b) Contents of reports.
Each report under this section shall disclose--
(1) the amount of cash on hand at the beginning of the reporting
period;
(2) for the reporting period and the calendar year, the total amount of
all receipts, and the total amount of all receipts in the following
categories:
(A) contributions from persons other than political committees;
(B) for an authorized committee, contributions from the candidate;
(C) contributions from political party committees;
(D) contributions from other political committees;
(E) for an authorized committee, transfers from other authorized
committees of the same candidate;
(F) transfers from affiliated committees and, where the reporting
committee is a political party committee, transfers from other
political party committees, regardless of whether such committees are
affiliated;
(G) for an authorized committee, loans made by or guaranteed by the
candidate;
(H) all other loans;
(I) rebates, refunds, and other offsets to operating expenditures;
(J) dividends, interest, and other forms of receipts; and
(K) for an authorized committee of a candidate for the office of
President, Federal funds received under chapter 95 and chapter 96 of
title 26;
(3) the identification of each--
(A) person (other than a political committee) who makes a contribution
to the reporting committee during the reporting period, whose
contributions have an aggregate amount or value in excess of $200
within the calendar year, or in any lesser amount if the reporting
committee should so elect, together with the date and amount of any
such contribution;
(B) political committee which makes a contribution to the reporting
committee during the reporting period, together with the date and
amount of any such contribution;
(C) authorized committee which makes a transfer to the reporting
committee;
(D) affiliated committee which makes a transfer to the reporting
committee during the reporting period and, where the reporting
committee is a political party committee, each transfer of funds to the
reporting committee from another political party committee, regardless
of whether such committees are affiliated, together with the date and
amount of such transfer;
(E) person who makes a loan to the reporting committee during the
reporting period, together with the identification of any endorser or
guarantor of such loan, and the date and amount or value of such loan;
(F) person who provides a rebate, refund, or other offset to operating
expenditures to the reporting committee in an aggregate amount or value
in excess of $200 within the calendar year, together with the date and
amount of each receipt; and
(G) person who provides any dividend, interest, or other receipt to the
reporting committee in an aggregate value or amount in excess of $200
within the calendar year, together with the date and amount of any such
receipt;
(4) for the reporting period and the calendar year, the total amount of
all disbursements, and all disbursements in the following categories:
(A) expenditures made to meet candidate or committee operating
expenses;
(B) for authorized committees; transfers to other committees authorized
by the same candidate;
(C) transfers to affiliated committees and, where the reporting
committee is a political party committee, transfers to other political
party committees, regardless of whether they are affiliated;
(D) for an authorized committee; repayment of loans made by or
guaranteed by the candidate;
(E) repayment of all other loans;
(F) contribution refunds and other offsets to contributions;
(G) for an authorized committee, any other disbursements;
(H) for any political committee other than an authorized committee--
(i) contributions made to other political committees;
(ii) loans made by the reporting committees;
(iii) independent expenditures;
(iv) expenditures made under section 441a(d) of this title; and
(v) any other disbursement; and
(I) for an authorized committee of a candidate for the office of
President, disbursements not subject to the limitation of section
441a(b);
(5) the name and address of each--
(A) person to whom an expenditure is an aggregate amount or value in
excess of $200 within the calendar year is made by the reporting
committee to meet a candidate or committee operating expense, together
with the date, amount, and purpose of such operating expenditure;
(B) authorized committee to which a transfer is made by the reporting
committee;
(C) affiliated committee to which a transfer is made by the reporting
committee during the reporting period and, where the reporting
committee is a political party committee, each transfer of funds by the
reporting committee to another political party committee, regardless of
whether such committees are affiliated, together with the date and
amount of such transfers;
(D) person who receives a loan repayment from the reporting committee
during the reporting period, together with the date and amount of such
loan repayment; and
(E) person who receives a contribution refund or other offset to
contributions from the reporting committee where such contribution was
reported under paragraph (3)(A) of this subsection, together with the
date and amount of such disbursement;
(6)(A) for an authorized committee, the name and address of each person
who has received any disbursement not disclosed under paragraph (5) in
an aggregate amount or value in excess of $200 within the calendar
year, together with the date and amount of any such disbursement;
(B) for any other political committee, the name and address of each--
(i) political committee which has received a contribution from the
reporting committee during the reporting period, together with the date
and amount of any such contribution;
(ii) person who has received a loan from the reporting committee during
the reporting period, together with the date and amount of such loan;
(iii) person who receives any disbursement during the reporting period
in an aggregate amount or value in excess of $200 within the calendar
year in connection with an independent expenditure by the reporting
committee, together with the date, amount, and purpose of any such
independent expenditure is in support of, or in opposition to, a
candidate, and a certification, under penalty of perjury, whether such
independent expenditure is made in cooperation, consultation, or
concert, with, or at the request or suggestion of, any candidate or any
authorized committee or agent of such committee;
(iv) person who receives any expenditure from the reporting committee
during the reporting period in connection with an expenditure under
section 441a(d) of this title, together with the date, amount, and
purpose of any such expenditure as well as the name of, and office
sought by, the candidate on whose behalf the expenditure is made; and
(v) person who has received any disbursement not otherwise disclosed in
this paragraph or paragraph (5) in an aggregate amount or value in
excess of $200 within the calendar year from the reporting committee
within the reporting period, together with the date, amount, and
purpose of any such disbursement;
(7) the total sum of all contributions to such political committee,
together with the total contributions less offsets to contributions and
the total sum of all operating expenditures made by such political
committee, together with total operating expenditures less offsets to
operating expenditures, for both the reporting period and the calendar
year; and
(8) the amount and nature of outstanding debts and obligations owed by
or to such political committee; and where such debts and obligations
are settled for less than their reported amount or value, a statement
as to the circumstances and conditions under which such debts or
obligations were extinguished and the consideration therefor.
(c) Statements by other than political committees; filing, contents;
indices of expenditures.
(1) Every person (other than a political committee) who makes
independent expenditures in an aggregate amount or value in excess of
$250 during a calendar year shall file a statement containing the
information required under subsection (b)(3)(A) of this section for all
contributions received by such person.
(2) Statements required to be filed by this subsection shall be filed
in accordance with subsection (a)(2) of this section, and shall
include--
(A) the information required by subsection (b)(6)(B)(iii) of this
section, indicating whether the independent expenditure is in support
of, or in opposition to, the candidate involved;
(B) under penalty of perjury, a certification whether or not such
independent expenditure is made in cooperation, consultation, or
concert, with, or at the request or suggestion of, any candidate or any
authorized committee or agent of such candidate; and
(C) the identification of each person who made a contribution in excess
of $200 to the person filing such statement which was made for the
purpose of furthering an independent expenditure.
Any independent expenditure (including those described in subsection
(b)(6)(B)(iii)) of this section, aggregating $1,000 or more made after
the 20th day, but more than 24 hours, before any election shall be
reported within 24 hours after such independent expenditure is made.
Such statement shall be filed with the Secretary, or the Commission and
the Secretary of State and shall contain the information required by
subsection (b)(6)(B)(iii) of this section, indicating whether the
independent expenditure is in support of, or in opposition to, the
candidate involved.
(3) The Commission shall be responsible for expeditiously preparing
indices which set forth, on a candidate-by-candidate basis, all
independent expenditures separately, including those reported under
subsection (b)(6)(B)(iii) of this section, made by or for each
candidate, as reported under this subsection, and for periodically
publishing such indices on a timely pre-election basis.
(Pub.L. 92-225, title III, Sec. 304, Feb. 7, 1972, 86 Stat. 14, as
amended by Pub.L. 93-443, title II, Sec. Sec. 204(a)-(c), 208(c)(4),
Oct. 15, 1974, 88 Stat. 1276, 1277, 1278, 1286; Pub.L. 94-283, title I,
Sec. 104, May 11, 1976, 90 Stat. 480, and amended by Pub.L. 96-187,
title I, Sec. 104, Jan. 8, 1980, 93 Stat. 1348, Pub.L. 99-514 Sec. 2,
Oct. 22, 1986, 100 Stat. 2095; Pub.L. 104-79, Sec. Sec. 1(a), 3(b),
Dec. 28, 1995, 109 Stat. 791, 792.)
2 U.S.C. Sec. 435. Requirements Relating To Campaign Advertising was
repealed by Pub.L. 96-187, title I, Sec. 105(a)(1), Jan. 8, 1980, 93
Stat. 1354.
2 U.S.C. Sec. 436. Formal Requirements Respecting Reports and
Statements. This provision was repealed by Pub.L. 96-187, title I,
Sec. 105(a)(1), Jan. 8, 1980, 93 Stat. 1354.
2 U.S.C. Sec. 437. Reports on Convention Financing.
Each committee or other organization which--
(1) represents a State, or a political subdivision thereof, or any
group of persons, in dealing with officials of a national political
party with respect to matters involving a convention held in such State
or political subdivision to nominate a candidate for the office of
President or Vice President, or
(2) represents a national political party in making arrangements for
the convention of such party held to nominate a candidate for the
office of President or Vice President,
shall within 60 days following the end of the convention (but not later
than 20 days prior to the date on which presidential and vice
presidential electors are chosen), file with the Commission a full and
complete financial statement, in such form and detail as it may
prescribe, of the sources from which it derived its funds, and the
purposes for which such funds were expended.
(Pub.L. 92-225, title III, Sec. 305, formerly Sec. 307, Feb. 7, 1972,
86 Stat. 16, as amended by Pub.L. 93-443, title II, Sec. 208(c)(6),
Oct. 15, 1974, 88 Stat. 1286, and renumbered and amended by Pub.L. 96-
187, title I, Sec. Sec. 105(a)(2), 112(a), Jan. 8, 1980, 93 Stat. 1354,
1366.)
2 U.S.C. Sec. 437a. Reports By Certain Persons, was repealed by Pub.L.
94-283, title I, Sec. 105, May 11, 1976, 90 Stat. 481.
2 U.S.C. Sec. 437b. Campaign Depositories, was repealed by Pub.L. 96-
187, title I, Sec. 105(a)(1), Jan. 8, 1980, 93 Stat. 1354.
2 U.S.C. Sec. 437c. Federal Election Commission.
(a) Establishment; membership; term of office; vacancies'
qualifications; compensation; chairman and vice chairman.
(1) There is established a commission to be known as the Federal
Election Commission. The Commission is composed of the Secretary of the
Senate and the Clerk of the House of Representatives or their
designees, ex officio and without the right to vote, and 6 members
appointed by the President, by and with the advice and consent of the
Senate. No more than 3 members of the Commission appointed under this
paragraph may be affiliated with the same political party.
(2)(A) Members of the Commission shall serve for a single term of 6
years, except that the members first appointed--
(i) two of the members, not affiliated with the same political party,
shall be appointed for terms ending on April 30, 1977;
(ii) two of the members, not affiliated with the same political party,
shall be appointed for terms ending on April 30, 1979; and
(iii) two of the members, not affiliated with the same political party,
shall be appointed for terms ending on April 30, 1981.
(B) A member of the Commission may serve on the Commission after the
expiration of his or her term until his or her successor has taken
office as a member of the Commission.
(C) An individual appointed to fill a vacancy occurring other than by
the expiration of a term of office shall be appointed only for the
unexpired term of the member he or she succeeds.
(D) Any vacancy occurring in the membership of the Commission shall be
filled in the same manner as in the case of the original appointment.
(3) Members shall be chosen on the basis of their experience,
integrity, impartiality, and good judgment and members (other than the
Secretary of the Senate and the Clerk of the House of Representatives)
shall be individuals who, at the time appointed to the Commission, are
not elected or appointed officers or employees in the executive,
legislative, or judicial branch of the Federal Government. Such members
of the Commission shall not engage in any other business, vocation, or
employment. Any individual who is engaging in any other business,
vocation, or employment at the time of his or her appointment to the
Commission shall terminate or liquidate such activity no later than 90
days after such appointment.
(4) Members of the Commission (other than the Secretary of the Senate
and the Clerk of the House of Representatives) shall receive
compensation equivalent to the compenstation paid at level IV of the
Executive Schedule (5 U.S.C. 5315).
(5) The Commission shall elect a chairman and a vice chairman from
among its members (other than the Secretary of the Senate and the Clerk
of the House of Representatives) for a term of one year. A member may
serve as chairman only once during any term of office to which such
member is appointed. The chairman and the vice chairman shall not be
affiliated with the same political party. The vice chairman shall act
as chairman in the absence or disability of the chairman or in the
event of a vacancy in such office.
(b) Administration, enforcement, and formulation of policy; exclusive
jurisdiction of civil enforcement; Congressional authorities or
functions with respect to elections for Federal office.
(1) The Commission shall administer, seek to obtain compliance with,
and formulate policy with respect to, this Act and chapter 95 and
chapter 96 of title 26. The Commission shall have exclusive
jurisdiction with respect to the civil enforcement of such provisions.
(c) Voting requirements; delegation of authorities.
All decisions of the Commission with respect to the exercise of its
duties and powers under the provisions of this Act shall be made by a
majority vote of the members of the Commission. A member of the
Commission may not delegate to any person his or her vote or any
decisionmaking authority or duty vested in the Commission by the
provisions of this Act, except that the affirmative vote of 4 members
of the Commission shall be required in order for the Commission to take
any action in accordance with paragraph (6), (7), (8), or (9) of
section 437d(a) of this title or with chapter 95 or chapter 96 of title
26.
(d) Meetings.
The Commission shall meet at least once each month and also, at the
call of any members.
(e) Rules for conduct of activities; judicial notice of seal; principal
office.
The Commission shall prepare written rules for the conduct of its
activities, shall have an official seal which shall be judicially
noticed, and shall have its principal office in or near the District of
Columbia (but it may meet or exercise any of its powers anywhere in the
United States).
(f) Staff director and general counsel; appointment and compensation;
appointment and compensation of personnel and procurement of
intermittent services by staff director; use of assistance personnel,
and facilities of Federal agencies and departments; counsel for defense
of actions.
(1) The Commission shall have a staff director and a general counsel
who shall be appointed by the Commission. The staff director shall be
paid at a rate not to exceed the rate of basic pay in effect for level
IV of the Executive Schedule (5 U.S.C. 5315). The general counsel shall
be paid at a rate not to exceed the rate of basic pay in effect for
level V of the Executive Schedule (5 U.S.C. 5316). With the approval of
the Commission, the staff director may appoint and fix the pay of such
additional personnel as he or she considers desirable without regard to
the provisions of title 5, United States Code, governing appointments
in the competitive service.
(2) With the approval of the Commission, the staff director may procure
temporary and intermittent services to the same extent as is authorized
by section 3109(b) of title 5, United States Code, but at rates for
individuals not to exceed the daily equivalent of the annual rate of
basic pay in effect for grade GS-15 of the General Schedule (5 U.S.C.
5332).
(3) In carrying out its responsibilities under this Act, the Commission
shall, to the fullest extent practicable, avail itself of the
assistance, including personnel and facilities of other agencies and
departments of the United States. The heads of such agencies and
departments may make available to the Commission such personnel,
facilities and other assistance, with or without reimbursement, as the
Commission may request.
(4) Notwithstanding the provisions of paragraph (2), the Commission is
authorized to appear in and defend against any action instituted under
this Act, either (A) by attorneys employed in its office, or (B) by
counsel whom it may appoint, on a temporary basis as may be necessary
for such purpose, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service, and
whose compensation it may fix without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title. The
compensation of counsel so appointed on a temporary basis shall be paid
out of any funds otherwise available to pay the compensation of
employees of the Commission.
(Pub.L. 92-225, title III, Sec. 306, formerly Sec. 310, as added by
Pub.L. 93-443, title II, Sec. 208(a), Oct. 15, 1974, 88 Stat. 1280; as
amended and renumbered by Pub.L. 94-283, title I, Sec. Sec. 101(a)-(d),
105, May 11, 1976, 90 Stat. 475, 481; and as amended and renumbered by
Pub.L. 96-187, title I, Sec. Sec. 105(a) (3), (6), 112(b), Jan. 8,
1980, 93 Stat. 1354-56, 1366; Pub.L. 99-514, Sec. 2, Oct. 22, 1986, 100
Stat. 2095; Pub.L. 105-61, Title V, Sec. 512(a), Oct. 10, 1997, 111
Stat. 1305.)
2 U.S.C. Sec. 437d. Powers of Commission.
(a) Specific authorities.
The Commission has the power--
(1) to require by special or general orders, any person to submit,
under oath, such written reports and answers to questions as the
Commission may prescribe;
(2) to administer oaths or affirmations;
(3) to require by subpoena, signed by the chairman or the vice
chairman, the attendance and testimony of witnesses and the production
of all documentary evidence relating to the execution of its duties;
(4) in any proceeding or investigation, to order testimony to be taken
by deposition before any person who is designated by the Commission and
has the power to administer oaths and, in such instances, to compel
testimony and the production of evidence in the same manner as
authorized under paragraph (3);
(5) to pay witnesses the same fees and mileage as are paid in like
circumstances in the courts of the United States;
(6) to initiate (through civil actions for injunctive, declaratory, or
other appropriate relief), defend (in the case of any civil action
brought under section 437g(a)(8) of this title) or appeal any civil
action in the name of the Commission to enforce the provisions of this
Act and chapter 95 and chapter 96 of title 26, through its general
counsel;
(7) to render advisory opinions under section 437f of this title;
(8) to develop such prescribed forms and to make, amend, and repeal
such rules, pursuant to the provisions of chapter 5 of title 5, United
States Code, as are necessary to carry out the provisions of this Act
and chapter 95, and chapter 96 of title 26; and
(9) to conduct investigations and hearings expeditiously, to encourage
voluntary compliance, and to report apparent violations to the
appropriate law enforcement authorities.
(b) Judicial orders for compliance with subpenas and orders of
Commission; contempt of court.
Upon petition by the Commission, any United States district court
within the juridiction of which any inquiry is being carried on may, in
case of refusal to obey a subpena or order of the Commission issued
under subsection (a) of this section, issue an order requiring
compliance. Any failure to obey the order of the court may be punished
by the court as a contempt thereof.
(c) Civil liability for disclosure of information.
No person shall be subject to civil liability to any person (other than
the Commission or the United States) for disclosing information at the
request of the Commission.
(d) Concurrent transmissions to Congress or member of budget estimates,
etc.; prior submission of legislative recommendations, testimony, or
comments on legislation.
(1) Whenever the Commission submits any budget estimate or request to
the President or the Office of Managment and Budget, it shall
concurrently transmit a copy of such estimate or request to the
Congress.
(2) Whenever the Commission submits any legislation recommendation, or
testimony, or comments on legislation, requested by the Congress or by
any Member of the Congress, to the President or the Office of
Management and Budget, it shall concurrently transmit a copy thereof to
the Congress or to the Member requesting the same. No officer or agency
of the United States shall have any authority to require the Commission
to submit its legislative recommendations, testimony, or comments on
legislation, to any office or agency of the United States for approval,
comments, or review, prior to the submission of such recommendations,
testimony, or comments to the Congress.
(e) Exclusive civil remedy for enforcement.
Except as provided in section 437g(a)(8) of this title the power of the
Commission to initiate civil actions under subsection (a)(6) of this
section shall be the exclusive civil remedy for the enforcement of the
provisions of this Act.
(Pub.L. 92-225, title III, Sec. 307, formerly Sec. 311, as added by
Pub.L. 93-443, title II, Sec. 208(a), Oct. 15, 1974, 88 Stat. 1282; as
amended and renumbered by Pub.L. 94-283, title I, Sec. Sec. 105, 107,
115(a) (2), May 11, 1976, 90 Stat. 481, 495; and as amended and
renumbered by Pub.L. 96-187, title I, Sec. Sec. 105(a) (3), 106, Jan.
8, 1980, 93 Stat. 1354, 1356-57 Pub.L. 99-514, Sec. 2, Oct. 22, 1986,
100 Stat. 2095.)
2 U.S.C. Sec. 437e. Report, was repealed by Pub.L. 96-187, title I,
Sec. 105(a) (1), Jan. 8, 1980, 93 Stat. 1354.
2 U.S.C. Sec. 437f. Advisory Opinion.
(a) Requests by persons, candidates, or authorized committees; subject
matter; time for response.
(1) Not later than 60 days after the Commission receives from a person
a complete written request concerning the application of this Act,
chapter 95 or chapter 96 of title 26, or a rule or regulation
prescribed by the Commission, with respect to a specific transaction or
activity by the person, the Commission shall render a written advisory
opinion relating to such transaction or activity to the person.
(2) If an advisory opinion is requested by a candidate, or any
authorized committee of such candidate, during the 60-day period before
any election for Federal office involving the requesting party, the
Commission shall render a written advisory opinion relating to such
request no later than 20 days after the Commission receives a complete
written request.
(b) Procedures applicable to initial proposal of rules or regulations,
and advisory opinions.
Any rule of law which is not stated in this Act or in chapter 95 or
chapter 96 of title 26 may be initially proposed by the Commission only
as a rule or regulation pursuant to procedures established in section
438(d) of this title. No opinion of an advisory nature may be issued by
the Commission or any of its employees except in accordance with the
provisions of this section.
(c) Persons entitled to rely upon opinions; scope of protection for
good faith reliance.
(1) Any advisory opinion rendered by the Commission under subsection
(a) of this section may be relied upon by--
(A) any person involved in the specific transaction or activity with
respect to which such advisory opinion is rendered; and
(B) any person involved in any specific transaction or activity which
is indistinguishable in all its material aspects from the transaction
or activity with respect to which such advisory opinion is rendered.
(2) Notwithstanding any other provisions of law, any person who relies
upon any provision or finding of an advisory opinion in accordance with
the provisions of paragraph (1) and who acts in good faith in
accordance with the provisions and findings of such advisory opinion
shall not, as a result of any such act, be subject to any sanction
provided by this Act or by chapter 95 or chapter 96 of title 26.
(d) Requests made public; submission of written comments by interested
public.
The Commission shall make public any request made under subsection (a)
of this section for an advisory opinion. Before rendering an advisory
opinion, the Commission shall accept written comments submitted by any
interested party within the 10-day period following the date the
request is made public.
(Pub.L. 92-225, title III, Sec. 308, formerly Sec. 313, as added by
Pub.L. 93-443, title II, Sec. 208(a), Oct. 15, 1974, 88 Stat. 1283;
amended and renumbered by Pub.L. 94-283, title I, Sec. Sec. 105, 108,
May 11, 1976, 90 Stat. 481, 482; and amended and renumbered by Pub.L.
96-187, title I, Sec. Sec. 105(a)(4), 107, Jan. 8, 1980, 93 Stat. 1354,
1357-58, Pub.L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)
2 U.S.C. Sec. 437g. Enforcement.
(a) Administrative and judicial practice and procedure.
(1) Any person who believes a violation of this Act or of chapter 95 or
chapter 96 of title 26, has occurred, may file a complaint with the
Commission. Such complaint shall be in writing, signed and sworn to by
the person filing such complaint, shall be notarized, and shall be made
under penalty of perjury and subject to the provisions of section 1001
of title 18, United States Code. Within 5 days after receipt of a
complaint, the Commission shall notify, in writing, any person alleged
in the complaint to have committed such a violation. Before the
Commission conducts any vote on the complaint, other than a vote to
dismiss, any person so notified shall have the opportunity to
demonstrate in writing to the Commission within 15 days after
notification that no action should be taken against such person on the
basis of the complaint. The Commission may not conduct any
investigation or take any other action under this section solely on the
basis of a complaint of a person whose identity is not disclosed to the
Commission.
(2) If the Commission, upon receiving a complaint under paragraph (1)
or on the basis of information ascertained in the normal course of
carrying out its supervisory responsibilities, determines, by an
affirmative vote of 4 of its members, that it has reason to believe
that a person has committed, or is about to commit, a violation of this
Act of chapter 95 or chapter 96 of title 26, the Commission shall,
through its chairman or vice chairman, notify the person of the alleged
violation. Such notification shall set forth the factual basis for such
alleged violation. The Commission shall make an investigation of such
alleged violation, which may include a field investigation or audit, in
accordance with the provisions of this section.
(3) The general counsel of the Commission shall notify the respondent
of any recommendation to the Commission by the general counsel to
proceed to a vote on probable cause pursuant to paragraph (4)(A)(i).
With such notification, the general counsel shall include a brief
stating the position of the general counsel on the legal and factual
issues of the case. Within 15 days of receipt of such brief, respondent
may submit a brief stating the position of such respondent on the legal
and factual issues of the case, and replying to the brief of general
counsel. Such briefs shall be filed with the Secretary of the
Commission and shall be considered by the Commission before proceeding
under paragraph (4).
(4)(A)(i) Except as provided in clause (ii), if the Commission
determines, by an affirmative vote of 4 of its members, that there is
probable cause to believe that any person has committed, or is about to
commit, a violation of this Act or of chapter 95 or chapter 96 of title
26, the Commission shall attempt, for a period of at least 30 days, to
correct or prevent such violation by informal methods of conference,
conciliation, and persuasion, and to enter into a conciliation
agreement with any person involved. Such attempt by the Commission to
correct or prevent such violation may continue for a period of not more
than 90 days. The Commission may not enter into a conciliation
agreement under this clause except pursuant to an affirmative vote of 4
of its members. A conciliation agreement, unless violated, is a
complete bar to any further action by the Commission, including the
bringing of a civil proceeding under paragraph (6)(A).
(ii) If any determination of the Commission under clause (i) occurs
during the 45-day period immediately preceding any election, then the
Commission shall attempt, for a period of at least 15 days, to correct
or prevent the violation involved by the methods specified in clause
(i).
(B)(i) No action by the Commission or any person, and no information
derived, in connection with any conciliation attempt by the Commission
under subparagraph (A) may be made public by the Commission without the
written consent of the respondent and the Commission.
(ii) If a conciliation agreement is agreed upon by the Commission and
the respondent, the Commission shall make public any conciliation
agreement signed by both the Commission and the respondent. If the
Commission makes a determination that a person has not violated this
Act or chapter 95 or chapter 96 of title 26 the Commission shall make
public such determination.
(5)(A) If the Commission believes that a violation of this Act or of
chapter 95 or chapter 96 of title 26 has been committed, a conciliation
agreement entered into by the Commission under paragraph (4)(A) may
include a requirement that the person involved in such conciliation
agreement shall pay a civil penalty which does not exceed the greater
of $5,000 or an amount equal to any contribution or expenditure
involved in such violation.
(B) If the Commission believes that a knowing and willful violation of
this Act or of chapter 95 or chapter 96 of title 26 has been committed,
a conciliation agreement entered into by the Commission under paragraph
(4)(A) may require that the person involved in such conciliation
agreement shall pay a civil penalty which does not exceed the greater
of $10,000 or an amount equal to 200 percent of any contribution or
expenditure involved in such violation.
(C) If the Commission by an affirmative vote of 4 of its members,
determines that there is probable cause to believe that a knowing and
willful violation of this Act which is subject to subsection (d) of
this section, or a knowing and willful violation of chapter 95 or
chapter 96, has occurred or is about to occur, it may refer such
apparent violation to the Attorney General of the United States without
regard to any limitations set forth in paragraph (4)(A).
(D) In any case in which a person has entered into a conciliation
agreement with the Commission under paragraph (4)(A), the Commission
may institute a civil action for relief under paragraph (6)(A) if it
believes that the person has violated any provision of such
conciliation agreement. For the Commission to obtain relief in any
civil action, the Commission need only establish that the person has
violated, in whole or in part, any requirement of such conciliation
agreement.
(6)(A) If the Commission is unable to correct or prevent any violation
of this Act or of chapter 95 or chapter 96 of title 26, by the methods
specified in paragraph (4)(A), the Commission may, upon an affirmative
vote of 4 of its members, institute a civil action for relief,
including a permanent or temporary injunction, restraining order, or
any other appropriate order (including an order for a civil penalty
which does not exceed the greater of $5,000 or an amount equal to any
contribution or expenditure involved in such violation) in the district
court of the United States for the district in which the person against
whom such action is brought is found, resides, or transacts business.
(B) In any civil action instituted by the Commission under subparagraph
(A), the court may grant a permanent or temporary injunction,
restraining order, or other order, including a civil penalty which does
not exceed the greater of $5,000 or an amount equal to any contribution
or expenditure involved in such violation, or is about to commit (if
the relief sought is a permanent or temporary injunction or a
restraining order), a violation of this Act or chapter 95 or chapter 96
of title 26.
(C) In any civil action for relief instituted by the Commission under
subparagraph (A), if the court determines that the Commission has
established that the person involved in such civil action has committed
a knowing and willful violation of this Act or of chapter 95 or chapter
96 of title 26, the court may impose a civil penalty which does not
exceed the greater of $10,000 or an amount equal to 200 percent of any
contribution or expenditure involved in such violation.
(7) In any action brought under paragraph (5) or (6), subpenas for
witnesses who are required to attend a United States district court may
run into any other district.
(8)(A) Any party aggrieved by an order of the Commission dismissing a
complaint filed by such party under paragraph (1), or by a failure of
the Commissioin to act on such complaint during the 120-day period
beginning on the date the complaint is filed, may file a petition with
the United States District Court for the District of Columbia.
(B) Any petition under subparagraph (A) shall be filed, in the case of
a dismissal of a complaint by the Commission, within 60 days after the
date of the dismissal.
(C) In any proceeding under this paragraph the court may declare that
the dismissal of the complaint or the failure to act is contrary to
law, and may direct the Commission to conform with such declaration
within 30 days, failing which the complainant may bring, in the name of
such complainant, a civil action to remedy the violation involved in
the original complaint.
(9) Any judgment of a district court under this subsection may be
appealed to the court of appeals, and the judgment of the court of
appeals affirming or setting aside, in whole or in part, any such order
of the district court shall be final, subject to review by the Supreme
Court of the United States upon certiorari or certification as provided
in section 1254 of title 28, United States Code.
(10) [Repealed]
(11) If the Commission determines after an investigation that any
person has violated an order of the court entered in a proceeding
brought under paragraph (6), it may petition the court for an order to
hold such person in civil contempt, but if it believes the violation to
be knowing and willful it may petition the court for an order to hold
such person in criminal contempt.
(12)(A) Any notification or investigation made under this section shall
not be made public by the Commission or by any person without the
written consent of the person receiving such notification or the person
with respect to whom such investigation is made.
(B) Any member or employee of the Commission, or any other person, who
violates the provisions of subparagraph (A) shall be fined not more
than $2,000. Any such member, employee, or other person who knowingly
and willfully violates the provisions of subparagraph (A) shall be
fined not more than $5,000.
(b) Notice to persons not filing reports prior to institution of
enforcement action; publication of identity of persons and unfiled
reports.
Before taking any action under subsection (a) of this section against
any person who has failed to file a report required under section
434(a)(2)(A)(iii) of this title for the calendar quarter immediately
preceding the election involved, or in accordance with section
434(a)(2)(A)(i), the Commission shall notify the person of such failure
to file the required reports. If a satisfactory response is not
received within 4 business days after the date of notification, the
Commission shall, pursuant to section 438(a)(7) of this title, publish
before the election the name of the person and the report or reports
such person has failed to file.
(c) Reports by Attorney General of apparent violation.
Whenever the Commission refers an apparent violation to the Attorney
General, the Attorney General shall report to the Commission any action
taken by the Attorney General regarding the apparent violation. Each
report shall be transmitted within 60 days after the date the
Commission refers an apparent violation, and every 30 days thereafter
until the final disposition of the apparent violation.
(d) Penalties; defenses; mitigation of offenses.
(1)(A) Any person who knowingly and willfully commits a violation of
any provision of this Act which involves the making, receiving, or
reporting of any contribution or expenditure aggregating $2,000 or more
during a calendar year shall be fined, or imprisoned for not more than
one year, or both. The amount of this fine shall not exceed the greater
of $25,000 or 300 percent of any contribution or expenditure involved
in such violation.
(B) In the case of a knowing and willful violation of section
441b(b)(3), the penalties set forth in this subsection shall apply to a
violation involving an amount aggregating $250 or more during a
calendar year. Such violation of section 441b(b)(3) may incorporate a
violation of section 441c(b), 441f or 441g of this title.
(C) In the case of a knowing and willful violation of section 441h of
this title, the penalties set forth in this subsection shall apply
without regard to whether the making, receiving, or reporting of a
contribution or expenditure of $1,000 or more is involved.
(2) In any criminal action brought for a violation of any provision of
this Act or of chapter 95 or chapter 96 of title 26, any defendant may
evidence their lack of knowledge or intent to commit the alleged
violation by introducing as evidence a conciliation agreement entered
into between the defendant and the Commission under subsection
(a)(4)(A) which specifically deals with the act or failure to act
constituting such violation and which is still in effect.
(3) In any criminal action brought for a violation of any provision of
this Act or chapter 95 or chapter 96 of title 26, the court before
which such action is brought shall take into account, in weighing the
seriousness of the violation and in considering the appropriateness of
the penalty to be imposed if the defendant is found guilty, whether--
(A) the specific act or failure to act which constitutes the violation
for which the action was brought is the subject of a conciliation
agreement entered into between the defendant and the Commission under
subparagraph (a)(4)(A);
(B) the conciliation agreement is in effect; and
(C) the defendant is, with respect to the violation involved, in
compliance with the conciliation agreement.
(Pub.L. 92-225, title III, Sec. 309, formerly Sec. 314, as added by
Pub.L. 93-443, title II, Sec. 208(a) Oct. 15, 1974, 88 Stat. 1284;
amended and renumbered by Pub.L. 94-283, title I, Sec. Sec. 105, 109,
May 11, 1976, 90 Stat. 481, 483; and amended and renumbered by Pub.L.
96-187, title I, Sec. Sec. 105(a)(4), 108, Jan. 8, 1980, 93 Stat. 1354,
1358-62; Pub.L. 98-620, Title IV, Sec. 402(1)(A), Nov. 8, 1984, 98
Stat. 3357; Pub.L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.
2 U.S.C. Sec. 437h. Judicial Review.
Actions, including declaratory judgments, for construction of
constitutional questions; eligible plaintiffs; certification of such
questions to courts of appeal sitting en banc.
The Commission, the national committee of any political party, or any
individual eligible to vote in any election for the office of President
may institute such actions in the appropriate district court of the
United States, including actions for declaratory judgment, as may be
appropriate to construe the constitutionality of any provision of this
Act. The district court immediately shall certify all questions of
constitutionality of this Act to the United States court of appeals for
the circuit involved, which shall hear the matter sitting en banc.
Appeal to Supreme Court; time for appeal.
Notwithstanding any other provision of law, any decision on matter
certified under subsection (a) of this section shall be reviewable by
appeal directly to the Supreme Court of the United States. Such appeal
shall be brought no later than 20 days after the decision of the court
of appeals.
The Commission, the national committee of any political party, or any
individual eligible to vote in any election for the office of President
may institute such actions in the appropriate district court of the
United States, including actions for declaratory judgment, as may be
appropriate to construe the constitutionality of any provision of this
Act. The district court immediately shall certify all questions of
constitutionality of this Act to the United States court of appeals for
the circuit involved, which shall hear the matter sitting en banc.
(Pub.L. 92-225, title III, Sec. 310, formerly Sec. 315, as added by
Pub.L. 93-443, title II, Sec. 208, Oct. 15, 1974, 88 Stat. 1285;
amended and renumbered by Pub.L. 94-283, title I, Sec. Sec. 105,
115(e), May 11, 1976, 90 Stat. 481, 496; amended and renumbered by
Pub.L. 96-187, Sec. Sec. 105(a)(4), 112(c), Jan. 8, 1980, 93 Stat.
1354, 1366; Nov. 8, 1984, Pub.L. 98-620, title IV, Subtitle A,
Sec. 402(1)(B), 98 Stat. 3357, and amended by Pub.L. 100-352,
Sec. 6(a), June 27, 1988, 102 Stat. 663.)
2 U.S.C. Sec. 438. Administrative Provisions.
(a) Duties of Commission.
The Commission shall--
(1) prescribe forms necessary to implement this Act;
(2) prepare, publish, and furnish to all persons required to file
reports and statements under this Act a manual recommending uniform
methods of bookkeeping and reporting;
(3) develop a filing, coding, and cross-indexing system consistent with
the purposes of this Act;
(4) within 48 hours after the time of the receipt by the Commission of
reports and statements filed with it, make them available for public
inspection, and copying, at the expense of the person requesting such
copying, except that any information copied from such reports or
statements may not be sold or used by any person for the purpose of
soliciting contributions or for commercial purposes, other than using
the name and address of any political committee to solicit
contributions from such committee. A political committee may submit 10
pseudonyms on each report filed in order to protect against the illegal
use of names and addresses of contributors, provided such committee
attaches a list of such pseudonyms to the appropriate report. The
Secretary or the Commission shall exclude these lists from the public
record;
(5) keep such designations, reports, and statements for a period of 10
years from the date of receipt, except that designations, reports, and
statements that relate solely to candidates for the House of
Representatives shall be kept for 5 years from the date of their
receipt;
(6)(A) compile and maintain a cumulative index of designations,
reports, and statements filed under this Act, which index shall be
published at regular intervals and made available for purchase directly
or by mail;
(B) compile, maintain, and revise a separate cumulative index of
reports and statements filed by multi-candidate committees, including
in such index a list of multi-candidate committees; and
(C) compile and maintain a list of multi-candidate committees, which
shall be revised and made available monthly;
(7) prepare and publish periodically lists of authorized committees
which fail to file reports as required by this Act;
(8) prescribe rules, regulations, and forms to carry out the provisions
of this Act, in accordance with the provisions of subsection (d) of
this section;
(9) transmit to the President and to each House of the Congress no
later than June 1 of each year, a report which states in detail the
activities of the Commission in carrying out its duties under this Act,
and any recommendations for any legislative or other action the
Commission considers appropriate; and
(10) serve as a national clearinghouse for the compilation of
information and review of procedures with respect to the administration
of Federal elections. The Commission may enter into contracts for the
purpose of conducting studies under this paragraph. Reports or studies
made under this paragraph shall be available to the public upon the
payment of the cost thereof, except that copies shall be made available
without cost, upon request, to agencies and branches of the Federal
Government.
(b) Audits and field investigations.
The Commission may conduct audits and field investigations of any
political committee required to file a report under section 434 of this
title. All audits and field investigations concerning the verification
for, and receipt and use of, any payments received by a candidate or
committee under chapter 95 or chapter 96 of title 26 shall be given
priority. Prior to conducting any audit under this subsection, the
Commission shall perform an internal review of reports filed by
selected committees to determine if the reports filed by a particular
committee meet the threshold requirements for substantial compliance
with the Act. Such thresholds for compliance shall be established by
the Commission. The Commission may, upon an affirmative vote of 4 of
its members, conduct an audit and field investigation of any committee
which does meet the threshold commenced within 30 days of such vote,
except that any audit of an authorized committee of a candidate, under
the provisions of this subsection, shall be commenced within 6 months
of the election for which such committee is authorized.
(c) Statutory provisions applicable to forms and information-gathering
activities.
Any forms prescribed by the Commission under subsection (a)(1) of this
section, and any information-gathering activities of the Commission
under this Act, shall not be subject to the provisions of section 3512
of title 44, United States Code.
(d) Rules, regulations, or forms; issuance, procedures applicable, etc.
(1) Before prescribing any rule, regulation, or form under this section
or any other provision of this Act, the Commission shall transmit a
statement with respect to such rule, regulation, or form to the Senate
and the House of Representatives, in accordance with this subsection.
Such statement shall set forth the proposed rule, regulation, or form,
and shall contain a detailed explanation and justification of it.
(2) If either House of the Congress does not disapprove by resolution
any proposed rule or regulation submitted by the Commission under this
section within 30 legislative days after the date of the receipt of
such proposed rule or regulation or within 10 legislative days after
the date of receipt of such proposed form, the Commission may prescribe
such rule, regulation, or form.
(3) For purposes of this subsection, the term ``legislative day''
means, with respect to statements transmitted to the Senate, any
calendar day on which the Senate is in session, and with respect to
statements transmitted to the House of Representatives, any calendar
day on which the House of Representatives is in session.
(4) For purposes of this subsection, the terms ``rule'' and
``regulation'' mean a provision or series of interrelated provisions
stating a single, separable rule of law.
(5)(A) A motion to discharge a committee of the Senate from the
consideration of a resolution relating to any such rule, regulation, or
form or a motion to proceed to the consideration of such a resolution,
is highly privileged and shall be decided without debate.
(B) Whenever a committee of the House of Representatives reports any
resolution relating to any such form, rule or regulation, it is at any
time thereafter in order (even though a previous motion to the same
effect has been disagreed to) to move to proceed to the consideration
of the resolution. The motion is highly privileged and is not
debatable. An amendment to the motion is not in order, and is not in
order to move to reconsider the vote by which the motion is agreed to
or disagreed with.
(e) Scope of protection for good faith reliance upon rules or
regulations.
Notwithstanding any other provision of law, any person who relies upon
any rule or regulation prescribed by the Commission in accordance with
the provisions of this section and who acts in good faith in accordance
with such rule or regulation shall not, as a result of such act, be
subject to any sanction provided by this Act or by chapter 95 or
chapter 96 of title 26.
(f) Promulgation of rules, regulations, and forms by Commission and
Internal Revenue Service; report to Congress on cooperative efforts.
In prescribing such rules, regulations, and forms under this section,
the Commission and the Internal Revenue Service shall consult and work
together to promulgate rules, regulations, and forms which are mutually
consistent. The Commission shall report to the Congress annually on the
steps it has taken to comply with this subsection.
(Pub.L. 92-225, title III, Sec. 311, formerly Sec. 308, Feb. 7, 1972,
86 Stat. 16; as renumbered and amended by Pub.L. 93-443, title II,
Sec. Sec. 208 (a), (c)(8)-(10), 209 (a)(1), (b), Oct. 15, 1974, 88
Stat. 1279, 1286, 1287; and renumbered and amended by Pub.L. 94-283,
title I, Sec. Sec. 105, 110, May 11, 1976, 90 Stat. 481, 486; and as
renumbered and amended by Pub.L. 96-187, title I, Sec. Sec. 105(a)(4),
109, Jan. 8, 1980, 93 Stat. 1354, 1362-64; Pub.L. 99-514, 52, Oct. 22,
1986, 100 Stat. 2095; Pub.L. 104-79, Sec. 3(c), Dec. 28, 1995, 109
Stat. 792.)
2 U.S.C. Sec. 439. Statements Filed With State Officers.
(a) Appropriate State; defined.
(1) A copy of each report and statement required to be filed by any
person under this Act shall be filed by such person with the Secretary
of State (or equivalent State officer) of the appropriate State, or, if
different, the officer of such State who is charged by State law with
maintaining State election campaign reports. The chief executive
officer of such State shall designate any such officer and notify the
Commission of any such designation.
(2) For purposes of this subsection, the term ``appropriate State''
means--
(A) for statements and reports in connection with the campaign for
nomination for election of a candidate to the office of President or
Vice President, each State in which an expenditure is made on behalf of
the candidate; and
(B) for statements and reports in connection with the campaign for
nomination for election, or election, of a candidate to the office of
Senator or Representative in, or Delegate or Resident Commissioner to,
the Congress, the State in which the candidate seeks election; except
that political committees other than authorized committees are only
required to file, and Secretaries of State required to keep, that
portion of the report applicable to candidates seeking election in that
State.
(b) Duties of State officers.
The Secretary of State (or equivalent State officer), or the officer
designated under subsection (a)(1) of this section, shall--
(1) receive and maintain in an orderly manner all reports and
statements required by this Act to be filed therewith;
(2) keep such reports and statements (either in original filed form or
in facsimile copy by microfilm or otherwise) for 2 years after their
date of receipt;
(3) make each report and statement filed therewith available as soon as
practicable (but within 48 hours of receipt) for public inspection and
copying during regular business hours, and permit copying of any such
report or statement by hand or by duplicating machine at the request of
any person, except that such copying shall be at the expense of the
person making the request; and
(4) compile and maintain a current list of all reports and statements
pertaining to each candidate.
(c) Waiver; electronic access.
Subsections (a) and (b) of this section shall not apply with respect to
any State that, as determined by the commission, has a system that
permits electonic access to, and duplication of, reports and statements
that are filed with the Commission.
(Pub.L. 92-225, title III, Sec. 312, formerly Sec. 309, Feb. 7, 1972,
86 Stat. 18; as renumbered and amended by Pub.L. 94-443, title II,
Sec. 208(a), (c)(11), Oct. 15, 1974, 88 Stat. 1279, 1287; renumbered by
Pub.L. 94-283, title I, Sec. 105, May 11, 1976, 90 Stat. 481; and as
renumbered and amended by Pub.L. 96-187, title I, Sec. Sec. 105(a)(4),
110, Jan. 8, 1980, 93 Stat. 1354, 1364-65; Pub.L. 104-79, Sec. 2, Dec.
28, 1995, 109 Stat. 391.)
2 U.S.C. Sec. 439a. Use of Contributed Amounts for Certain Purposes.
Amounts received by a candidate as contributions that are in excess of
any amount necessary to defray his expenditures, and any other amounts
contributed to an individual for the purpose of supporting his or her
activities as a holder of Federal office, may be used by such candidate
or individual, as the case may be, to defray any ordinary and necessary
expenses incurred in connection with his or her duties as a holder of
Federal office, may be contributed to any organization described in
section 170(c) of title 26, or may be used for any other lawful
purpose, including transfers without limitation to any national, State,
or local committee of any political party; except that no such amounts
may be converted by any person to any personal use, other than to
defray any ordinary and necessary expenses incurred in connection with
his or her duties as a holder of Federal office.
(Pub.L. 92-225, title III, Sec. 313, formerly Sec. 318, as added by
Pub.L. 93-443, title II, Sec. 210, Oct. 15, 1974, 88 Stat. 1289;
renumbered by Pub.L. 94-283, title I, Sec. 105, May 11, 1976, 90 Stat.
481; and renumbered and amended by Pub.L. 96-187 title I,
Sec. Sec. 105(a)(4), 113, Jan. 8, 1980, 93 Stat. 1354, 1366-67, and as
amended by Pub.L. 101-194, title V, Sec. 504(a), Nov. 30, 1989, 103
Stat. 1755.)
2 U.S.C. Sec. 439b. Prohibition of Franked Solicitations. This
provision was repealed by Pub.L. 96-187, title I, Sec. 105(a)(1), Jan.
8, 1980, 93 Stat. 1354.
2 U.S.C. Sec. 441a. Limitations on Contributions and Expenditures.
(a) Dollar limits on contributions.
(1) No person shall make contributions--
(A) to any candidate and his authorized political committees with
respect to any election for Federal office which, in the aggregate,
exceed $1,000;
(B) to the political committees established and maintained by a
national political party, which are not the authorized political
committees of any candidate, in any calendar year, which, in the
aggregate, exceed $20,000; or
(C) to any other political committee in any calendar year which, in the
aggregate, exceed $5,000.
(2) No multicandidate political committee shall make contributions--
(A) to any candidate and his authorized political committees with
respect to any election for Federal office which, in the aggregate,
exceed $5,000;
(B) to the political committees established and maintained by a
national political party, which are not the authorized political
committees of any candidate, in any calendar year, which, in the
aggregate, exceed $15,000; or
(C) to any other political committee in any calendar year which, in the
aggregate, exceed $5,000.
(3) No individual shall make contributions aggregating more than
$25,000 in any calendar year. For purposes of this paragraph, any
contribution made to a candidate in a year other than the calendar year
in which the election is held with respect to which such contribution
is made, is considered to be made during the calendar year in which
such election is held.
(4) The limitations on contributions contained in paragraphs (1) and
(2) do not apply to transfers between and among political committees
which are national, State, direct, or local committees (including any
subordinate committee thereof) of the same political party. For
purposes of paragraph (2), the term ``multicandidate political
committee'' means a political committee which has been registered under
section 433 of this title for a period of not less than 6 months, which
has received contributions from more than 50 persons, and except for
any State political party organization, has made contributions to 5 or
more candidates for Federal office.
(5) For purposes of the limitations provided by paragraph (1) and
paragraph (2), all contributions made by political committees
established or financed or maintained or controlled by any corporation,
labor organization, or any other person, including any patent,
subsidiary, branch, division, department, or local unit of such
corporation, labor organization, or any other person, or by any group
of such persons, shall be considered to have been made by a single
political committee, except that (A) nothing in this sentence shall
limit transfers between political committees of funds raised through
joint fund raising efforts; (B) for purposes of the limitations
provided by paragraph (1) and paragraph (2) all contributions made by a
single political committee established or financed or maintained or
controlled by a national committee of a political party and by a single
political committee established or financed or maintained or controlled
by the State committee of a political party shall not be considered to
have been made by a single political committee; and (C) nothing in this
section shall limit the transfer of funds between the principal
campaign committee of a candidate seeking nomination or election to a
Federal office and the principal campaign committee of that candidate
for nomination or election to another Federal office if (i) such
transfer is not made when the candidate is actively seeking nomination
or election to both such offices; (ii) the limitations contained in
this Act on contributions by persons are not exceeded by such transfer;
and (iii) the candidate has not elected to receive any funds under
chapter 95 or chapter 96 of title 26. In any case in which a
corporation and any of its subsidiaries, branches, divisions,
departments, or local units, or a labor organization and any of its
subsidiaries, branches, divisions, departments, or local units
establish or finance or maintain or control more than one separate
segregated fund for purposes of the limitations provided by paragraph
(1) and paragraph (2).
(6) The limitations on contributions to a candidate imposed by
paragraphs (1) and (2) of this subsection shall apply separately with
respect to each election, except that all elections held in any
calendar year for office of President of the United States (except a
general election for such office) shall be considered to be one
election.
(7) For the purposes of this subsection--
(A) contributions to a named candidate made to any political committee
authorized by such candidate to accept contributions on his behalf
shall be considered to be contributions made to such candidate;
(B)(i) expenditures made by any person in cooperation, consultation, or
concert, with, or at the request or suggestion of, a candidate, his
authorized political committees, or their agents, shall be considered
to be a contribution to such candidate;
(ii) the financing by any person of the dissemination, distribution, or
republication, in whole or in part, of any broadcast or any written,
graphic, or other form of campaign materials prepared by the
candidate, his campaign committees, or their authorized agents shall be
considered to be an expenditure for purposes of this paragraph; and
(C) contributions made to or for the benefit of any candidate nominated
by a political party for election to the office of Vice President of
the United States shall be considered to be contributions made to or
for the benefit of the candidate of such party for election to the
office of President of the United States.
(8) For purposes of the limitations imposed by this section, all
contributions made by a person, either directly or indirectly, on
behalf of a particular candidate, including contributions which are in
any way earmarked or otherwise directed through an intermediary or
conduit to such candidate, shall be treated as contributions from such
person to such candidate. The intermediary or conduit shall report the
original source and the intended recipient of such contribution to the
Commission and to the intended recipient.
(b) Dollar limits on expenditures by candidates for office of President
of the United States.
(1) No candidate for the office of President of the United States who
is eligible under section 9003 of title 26 (relating to condition for
eligibility for payments) or under section 9033 of title 26 (relating
to eligibility for payments) to receive payments from the Secretary of
the Treasury may make expenditures in excess of--
(A) $10,000,000, in the case of a campaign for nomination for election
to such office, except that the aggregate of expenditures under this
subparagraph in any one State shall not exceed the greater of 16 cents
multiplied by the voting age population of the State (as certified
under subsection (e) of this section), or $200,000; or
(B) $20,000,000 in the case of a campaign for election to such office.
(2) For purposes of this subsection--
(A) expenditures made by or on behalf of any candidate nominated by a
political party for election to the office of Vice President of the
United States shall be considered to be expenditures made by or on
behalf of the candidate of such party for election to the office of
President of the United States; and
(B) an expenditure is made on behalf of a candidate, including a vice
presidential candidate, if it is made by--
(i) an authorized committee or any other agent of the candidate for
purposes of making any expenditure; or
(ii) any person authorized or requested by the candidate, an authorized
committee of the candidate, or an agent of the candidate, to make the
expenditure.
(c) Increases on limits based on increases in price index.
(1) At the beginning of each calendar year (commencing in 1976), as
there become available necessary data from the Bureau of Labor
Statistics of the Department of Labor, the Secretary of Labor shall
certify to the Commission and publish in the Federal Register the
percent difference between the price index for the 12 months preceding
the beginning of such calendar year and the price index for the base
period. Each limitation established by subsection (b) of this section
and subsection (d) of this section shall be increased by such percent
difference. Each amount so increased shall be the amount in effect for
such calendar year.
(2) For purposes of paragraph (1)--
(A) the term ``price index'' means the average over a calendar year of
the Consumer Price Index (all items--United States city average)
published monthly by the Bureau of Labor Statistics; and
(B) the term ``base period'' means the calendar year 1974.
(d) Expenditures by national committee, State committee, or subordinate
committee of State committee in connection with general election
campaign of candidates for Federal office.
(1) Notwithstanding any other provision of law with respect to
limitations on expenditures or limitations on contributions, the
national committee of a political party and a State committee of a
political party, including any subordinate committee of a State
committee may make expenditures in connection with the general election
campaign of candidates for Federal office, subject to the limitations
contained in paragraphs (2) and (3) of this subsection.
(2) The national committee of a political party may not make any
expenditure in connection with the general election campaign of any
candidate for President of the United States who is affiliated with
such party which exceeds an amount equal to 2 cents multiplied by the
voting age population of the United States (as certified under
subsection (e) of this section). Any expenditure under this paragraph
shall be in addition to any expenditure by a national committee of a
political party serving as the principal campaign committee of a
candidate for the office of President of the United States.
(3) The national committee of a political party, or a State committee
of a political party, including any subordinate committee of a State
committee, may not make any expenditure in connection with the general
election campaign of a candidate for Federal office in a State who is
affiliated with such party which exceeds--
(A) in the case of a candidate for election to the office of Senator,
or of Representative from a State which is entitled to only one
Representative, the greater of--
(i) 2 cents multiplied by the voting age population of the State (as
certified under subsection (e) of this section); or
(ii) $20,000; and
(B) in the case of a candidate for election to the office of
Representative, Delegate, or Resident Commissioner in any other State,
$10,000.
(e) Certification and publication of estimated voting age population.
During the first week of January 1975, and every subsequent year, the
Secretary of Commerce shall certify to the Commission and publish in
the Federal Register an estimate of the voting age population of the
United States, of each State, and of each congressional district as of
the first day of July next preceding the date of certification. The
``voting age population'' means resident population, 18 years of age or
older.
(f) Prohibited contributions and expenditures.
No candidate or political committee shall knowingly accept any
contribution or make any expenditure in violation of the provisions of
this section. No officer or employee of a political committee shall
knowingly accept a contribution made for the benefit or use of a
candidate, or knowingly make any expenditure on behalf of a candidate,
in violation of any limitation imposed on contributions and
expenditures under this section.
(g) Attribution of multi-state expenditures to candidate's expenditures
limitation in each State.
The Commission shall prescribe rules under which any expenditure by a
candidate for presidential nominations for use in 2 or more States
shall be attributed to such candidate's expenditure limitation in each
such State, based on the voting age population in such State which can
reasonably be expected to be influenced by such expenditure.
(h) Senatorial candidates.
Notwithstanding any other provision of this Act, amounts totaling not
more than $17,500 may be contributed to a candidate for nomination for
election, or for election, to the United States Senate during the year
in which an election is held in which he is such a candidate, by the
Republican or Democratic Senatorial Campaign Committee, or the national
committee of a political party, or any combination of such committees.
(Pub.L. 92-225, title III, Sec. 315, formerly Sec. 320, as added by
Pub.L. 94-283, title I, Sec. 112(2), May 11, 1976, 90 Stat. 486,
renumbered by Pub.L. 96-187, title I, Sec. 105(a)(5), Jan. 8, 1980, 93
Stat. 1354; Pub.L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)
2 U.S.C. Sec. 441b. Contributions or Expenditures by National Banks,
Corporations, or Labor Organizations.
(a) It is unlawful for any national bank, or any corporation organized
by authority of any law of Congress, to make a contribution or
expenditure in connection with any election to any political office, or
in connection with any primary election or political convention or
caucus held to select candidates for any political office, of for any
corporation whatever, or any labor organization, to make a contribution
or expenditure in connection with any election at which Presidential
and vice presidential electors or a Senator or Representative in, or a
Delegate or Resident Commissioner to, Congress are to be voted for, or
in connection with any primary election or political convention or
caucus held to select candidates for any of the foregoing offices, or
for any candidate, political committee, or other person knowingly to
accept or receive any contribution prohibited by this section, or any
officer or any director of any corporation or any national bank or any
officer of any labor organization to consent to any contribution or
expenditure by the corporation, national bank, or labor organization,
as the case may be, prohibited by this section.
(b)(1) For the purposes of this section the term ``labor organization''
means any organization of any kind, or any agency or employee
representation committee or plan, in which employees participate and
which exists for the purpose, in whole or in part, of dealing with
employers concerning grievances, labor disputes, wages, rates of pay,
hours of employment, or conditions of work.
(2) For purposes of this section and section 79l(h) of title 15, the
term ``contribution or expenditure'' shall include any direct or
indirect payment, distribution, loan, advance, deposit, or gift of
money, or any services, or anything of value (except a loan of money by
a national or State bank made in accordance with the applicable banking
laws and regulations and in the ordinary course of business) to any
candidate, campaign committee, or political party or organization, in
connection with any election to any of the offices referred to in this
section, but shall not include (A) communications by a corporation to
its stockholders and executive or administrative personnel and their
families or by a labor organization to its members and their families
on any subject; (B) nonpartisan registration and get-out-the-vote
campaigns by a corporation aimed at its stockholders and executive or
administrative personnel and their families, or by a labor organization
aimed at its members and their families; and (C) the establishment,
administration, and solicitation of contributions to a separate
segregated fund to be utilized for political purposes by a corporation,
labor organization, membership organization, cooperative, or
corporation without capital stock.
(3) It shall be unlawful--
(A) for such a fund to make a contribution or expenditure by utilizing
money or anything of value secured by physical force, job
discrimination, financial reprisals, or the threat of force, job
discrimination, or financial reprisal; or by dues, fees, or other
moneys required as a condition of membership in a labor organization or
as a condition of employment, or by moneys obtained in any commercial
transaction;
(B) For any person soliciting an employee for a contribution to such a
fund to fail to inform such employee of the political purposes of such
fund at the time of such solicitation; and
(C) for any person soliciting an employee for a contribution to such a
fund to fail to inform such employee, at the time of such solicitation,
of his right to refuse to so contribute without any reprisal.
(4)(A) Except as provided in subparagraphs (B), (C), and (D), it shall
be unlawful--
(i) for a corporation, or a separate segregated fund established by a
corporation, to solicit contributions to such a fund from any person
other than its stockholders and their families and its executive or
administrative personnel and their families, and
(ii) for a labor organization, or a separate segregated fund
established by a labor organization, to solicit contributions to such a
fund from any person other than its members and their families.
(B) It shall not be unlawful under this section for a corporation, a
labor organization, or a separate segregated fund established by such
corporation or such labor organization, to make 2 written solicitations
for contributions during the calendar year from any stockholder,
executive or administrative personnel, or employee of a corporation or
the families of such persons. A solicitation under this subparagraph
may be made only by mail addressed to stockholders, executive or
administrative personnel, or employees at their residence and shall be
so designed that the corporation, labor organization, or separate
segregated fund conducting such solicitation cannot determine who makes
a contribution of $50 or less as a result of such solicitation and who
does not make such a contribution.
(C) This paragraph shall not prevent a membership organization,
cooperative, or corporation without capital stock, or a separate
segregated fund established by a membership organization, cooperative,
or corporation without capital stock, from soliciting contributions to
such a fund from members of such organization, cooperative, or
corporation without capital stock.
(D) This paragraph shall not prevent a trade association or a separate
segregated fund established by a trade association from soliciting
contributions from the stockholders and executive or administrative
personnel of the member corporations of such trade association and the
families of such stockholders or personnel to the extent that such
solicitation of such stockholders and personnel, and their families,
has been separately and specifically approved by the member corporation
involved, and such member corporation does not approve any such
solicitation by more than one trade association in any calendar year.
(5) Notwithstanding any other law, any method of soliciting voluntary
contributions or of facilitating the making of voluntary contributions
to a separate segregated fund established by a corporation, permitted
by law to corporations with regard to stockholders and executive or
administrative personnel, shall also be permitted to labor
organizations with regard to their members.
(6) Any corporation, including its subsidiaries, branches, divisions,
and affiliates, that utilizes a method of soliciting voluntary
contributions or facilitating the making of voluntary contributions,
shall make available such method, on written request and at a cost
sufficient only to reimburse the corporation for the expenses incurred
thereby, to a labor organization representing any members working for
such corporation, its subsidiaries, branches, divisions, and
affiliates.
(7) For purposes of this section, the term ``executive or
administrative personnel'' means individuals employed by a corporation
who are paid on a salary, rather than hourly, basis and who have
policy-making managerial, professional, or supervisory
responsibilities.
(Pub.L. 92-225, title III, Sec. 316, formerly Sec. 321, as added by
Pub.L. 94-283, title I, Sec. 112(2), May 11, 1976, 90 Stat. 490,
renumbered and amended by Pub.L. 96-187, title I, Sec. Sec. 105(a)(5),
112(d), Jan. 8, 1980, 93 Stat. 1354, 1366.)
2 U.S.C. Sec. 441c. Contributions by Government Contractors.
(a) Prohibition.
It shall be unlawful for any person--
(1) who enters into any contract with the United States or any
department or agency thereof either for the rendition of personal
services or furnishing any material, supplies, or equipment to the
United States or any department or agency thereof or for selling any
land or building to the United States or any department or agency
thereof, if payment for the performance of such contract or payment for
such material, supplies, equipment, land, or building is to be made in
whole or in part from funds appropriated by the Congress, at any time
between the commencement of negotiations for and the later of (A) the
completion of performance under; or (B) the termination of negotiations
for, such contract or furnishing of material, supplies, equipment,
land, or buildings, directly or indirectly to make any contribution of
money or other things of value, or to promise expressly or impliedly to
make any such contribution to any political party, committee, or
candidate for public office or to any person for any political purpose
or use; or
(2) knowingly to solicit any such contribution from any such person for
any such purpose during any such period.
(b) Separate segregated funds.
This section does not prohibit or make unlawful the establishment or
administration of, or the solicitation of contributions to, any
separate segregated fund by any corporation, labor organization,
membership organization, cooperative, or corporation without capital
stock for the purpose of influencing the nomination for election, or
election of any person to Federal office, unless the provisions of
section 441b of this title prohibit or make unlawful the establishment
or administration of, or the solicitation of contributions to, such
fund. Each specific prohibition, allowance, and duty applicable to a
corporation, labor organization, or separate fund under section 441b of
this title applies to a corporation, labor organization, or separate
segregated fund to which this subsection applies.
(c) ``Labor organization'' defined.
For purposes of this section, the term ``labor organization'' has the
meaning given it by section 441b(b)(1) of this title.
(Pub.L. 92-225, title III, Sec. 317, formerly Sec. 322, as added by
Pub.L. 94-283, title I, Sec. 112(2), May 11, 1976, 90 Stat. 492,
renumbered by Pub.L. 96-187, title I, Sec. 105(a)(5), Jan. 8, 1980, 93
Stat. 1354.)
2 U.S.C. Sec. 441d. Publication or Distribution of Political Statements
and Solicitations.
(a) Whenever any person makes an expenditure for the purpose of
financing communications expressly advocating the election or defeat of
a clearly identified candidate, or solicits any contribution through
any broadcasting station, newspaper, magazine, outdoor advertising
facility, direct mailing, or any other type of general public political
advertising, such communication--
(1) if paid for and authorized by a candidate, an authorized political
committee of a candidate, or its agents, shall clearly state that the
communication has been paid for by such authorized political committee,
or
(2) if paid for by other persons but authorized by a candidate, an
authorized political committee of a candidate, or its agents, shall
clearly state that the communication is paid for by such other persons
and authorized by such authorized political committee;
(3) if not authorized by a candidate, an authorized political committee
of a candidate, or its agents, shall clearly state the name of the
person who paid for the communication and state that the communication
is not authorized by any candidate or candidate's committee.
(b) No person who sells space in a newspaper or magazine to a candidate
or to the agent of a candidate, for use in connection with such
candidate's campaign, may charge any amount for such space which
exceeds the amount charged for comparable use of such space for other
purposes.
(Pub.L. 92-225, title III, Sec. 318, formerly Sec. 323, as added by
Pub.L. 94-283, title I, Sec. 112(2), May 11, 1976, 90 Stat. 493,
renumbered and amended by Pub.L. 96-187, title I, Sec. Sec. 105(a)(5),
111, Jan. 8, 1980, 93 Stat. 1354, 1365-66.)
2 U.S.C. Sec. 441e. Contributions by Foreign Nationals.
(a) It shall be unlawful for a foreign national directly or through any
other person to make any contribution of money or other thing of value,
or to promise expressly or impliedly to make any such contribution, in
connection with an election to any political office or in connection
with any primary election, convention, or caucus held to select
candidates for any political office; or for any person to solicit,
accept, or receive any such contribution from a foreign national.
(b) As used in this section, the term ``foreign national'' means--
(1) a foreign principal, as such term is defined by section 611(b) of
title 22, except that the term ``foreign national'' shall not include
any individual who is a citizen of the United States; or
(2) an individual who is not a citizen of the United States and who is
not lawfully admitted for permanent residence, as defined by section
1101(a)(20) of title 8.
(Pub.L. 94-225, title III, Sec. 319, formerly Sec. 324, as added by
Pub.L. 94-283, title I, Sec. 112(2), May 11, 1976, 90 Stat. 493,
renumbered by Pub.L. 96-187, title I, Sec. 105(a)(5), Jan. 8, 1980, 93
Stat. 1354.)
2 U.S.C. Sec. 441f. Contributions in Name of Another Prohibited.
No person shall make a contribution in the name of another person or
knowingly permit his name to be used to effect such a contribution, and
no person shall knowingly accept a contribution made by one person in
the name of another person.
(Pub.L. 92-225, title III, Sec. 320, formerly Sec. 325, as added by
Pub.L. 94-283, title I, Sec. 112(2), May 11, 1976, 90 Stat. 494,
renumbered by Pub.L. 96-187, title I, Sec. 105(a)(5), Jan. 8, 1980, 93
Stat. 1354.)
2 U.S.C. Sec. 441g. Limitation on Contribution of Currency.
No person shall make contributions of currency of the United States or
currency of any foreign country to or for the benefit of any candidate
which, in the aggregate, exceed $100, with respect to any campaign of
such candidate for nomination for election, or for election, to Federal
office.
(Pub.L. 92-225, title III, Sec. 321, formerly Sec. 326, as added by
Pub.L. 94-283, title I, Sec. 112(2), May 11, 1976, 90 Stat. 494,
renumbered by Pub.L. 96-187, title I, Sec. Sec. 105(a)(5), Jan. 8,
1980, 93 Stat. 1354.)
2 U.S.C. Sec. 441h. Fraudulent Misrepresentation of Campaign Authority.
No person who is a candidate for Federal office or an employee or agent
of such a candidate shall--
(1) fraudulently misrepresent himself or any committee or organization
under his control as speaking or writing or otherwise acting for or on
behalf of any other candidate or political party or employee or agent
thereof on a matter which is damaging to such other candidate or
political party or employee or agent thereof; or
(2) willfully and knowingly participate in or conspire to participate
in any plan, scheme, or design to violate paragraph (1).
(Pub.L. 92-225, title III, Sec. 322, formerly Sec. 327, as added by
Pub.L. 94-283, title I, Sec. 112(2), May 11, 1976, 90 Stat. 494,
renumbered by Pub.L. 96-187, title I, Sec. 105(a)(5), Jan. 8, 1980, 93
Stat. 1354.)
2 U.S.C. Sec. 441i. Acceptance of Excessive Honorariums.
[Repealed by Pub.L. 102-90, Aug. 14, 1992, 102 Stat. 447.]
2 U.S.C. Sec. 441j. Penalty for Violations. This provision was repealed
by Pub.L. 96-187, title I, Sec. 105(a)(1), Jan. 8, 1980, 93 Stat. 1354.
2 U.S.C. Sec. 442. Authority To Procure Technical Support and Other
Services and Incur Travel Expenses; Payment of Such Expenses.
For the purpose of carrying out his duties under the Federal Election
Campaign Act of 1971, the Secretary of the Senate is authorized, from
and after July 1, 1972, (1) to procure technical support services, (2)
to procure the temporary or intermittent services of individual
technicians, experts, or consultants, or organizations thereof, in the
same manner and under the same conditions, to the extent applicable, as
a standing committee of the Senate may procure such services under
section 72a(i) of this title, (3) with the prior consent of the
Government department or agency concerned and the Committee on Rules
and Administration, to use on a reimbursable basis the services of
personnel of any such department or agency, and (4) to incur official
travel expenses. Payments to carry out the provisions of this paragraph
shall be made from funds included in the appropriation ``Miscellaneous
Items'' under the heading ``Contingent Expenses of the Senate'' upon
vouchers approved by the Secretary of the Senate. All sums received by
the Secretary under authority of the Federal Election Campaign Act of
1971 shall be covered into the Treasury as miscellaneous receipts.
(Pub.L. 92-342, Sec. 101, July 10, 1972, 86 Stat. 435.)
2 U.S.C. Sec. 451. Extension of Credit by Regulated Industries.
The Secretary of Transportation, the Federal Communications Commission,
and the Interstate Commerce Commission shall each promulgate, within
ninety days after February 7, 1972, its own regulations with respect to
the extension of credit, without security, by any person regulated by
such Board or Commission to any candidate for Federal office, or to any
person on behalf of such a candidate, for goods furnished or services
rendered in connection with the campaign of such candidate for
nomination for election, or election, to such office.
(Pub.L. 92-225, title IV, Sec. 401, Feb. 7, 1972, 86 Stat. 19; amended
Pub.L. 93-443, title II, Sec. 201(b)(1), Oct. 15, 1974, 88 Stat. 1275;
amended Pub.L. 103-272, Sec. 4(a), July 5, 1994, 108 Stat. 1360;
amended Pub.L. 104-88, Title III, Sec. 313, Dec. 29, 1995, 109 Stat.
948; amended Pub.L. 104-287, Sec. 6(g), Oct. 11, 1996, 110 Stat. 3399.)
2 U.S.C. Sec. 452. Prohibition Against Use of Certain Federal Funds for
Election Activities.
No part of any funds appropriated to carry out the Economic Opportunity
Act of 1964 [42 U.S.C. 2701 et seq.] shall be used to finance directly
or indirectly, any activity designed to influence the outcome of any
election to Federal office, or any voter registration activity, or to
pay the salary of any officer or employee of the Community Services
Administration who, in his official capacity as such an officer or
employee, engages in any such activity.
(Pub.L. 92-225, title IV, Sec. 401, Feb. 7, 1972, 86 Stat. 19, as
amended by Pub.L. 93-443, title II, Sec. 201(b)(2), Oct. 15, 1974, 88
Stat. 1275.)
2 U.S.C. Sec. 453. State Laws Affected.
The provisions of this Act, and of rules prescribed under this Act,
supersede and preempt any provision of State law with respect to
election to Federal office.
(Pub.L. 92-225, title IV, Sec. 403, Feb. 7, 1972, 86 Stat. 20, as
amended by Pub.L. 93-443, title III, Sec. 301, Oct. 15, 1974, 88 Stat.
1289.)
2 U.S.C. Sec. 454. Partial Invalidity.
If any provision of this Act, or the application thereof to any person
or circumstance, is held invalid, the validity of the remainder of the
Act and the application of such provision to other persons and
circumstances shall not be affected thereby.
(Pub.L. 92-225, title IV, Sec. 404, Feb. 7, 1972, 86 Stat. 20.)
2 U.S.C. Sec. 455. Period of Limitations.
(a) No person shall be prosecuted, tried, or punished for any violation
of subchapter I of this chapter unless the indictment is found or the
information is instituted within 3 years after the date of the
violation.
(b) Notwithstanding any other provision of law--
(1) the period of limitations referred to in subsection (a) of this
section shall apply with respect to violations referred to in such
subsection committed before, on, or after the effective date of this
section; and
(2) no criminal proceeding shall be instituted against any person for
any act or omission which was a violation of any provision of
subchapter I of this chapter, as in effect on December 31, 1974, if
such act or omission does not constitute a violation of any such
provision, as amended by the Federal Election Campaign Act Amendments
of 1974.
Nothing in this subsection shall affect any proceeding pending in any
court of the United States on January 1, 1975.
(Pub.L. 92-225, title IV, Sec. 406, as added by Pub.L. 93-443, title
III, Sec. 302, Oct. 15, 1974, 88 Stat. 1289-90, as amended by Pub.L.
94-283, title I, Sec. 115(f), May 11, 1976, 90 Stat. 496.)
2 U.S.C. Sec. 456. Additional Enforcement Authority. This provision was
repealed by Pub.L. 94-283, title I, Sec. 111, May 11, 1976, 90 Stat.
486.
E. Financial Disclosure Requirements of Executive
Personnel, Including Candidates for Nomination or
Election to the Office of President or Vice President (Title 5, United
States Code Appendix)
5 U.S.C. App. Sec. 101. Persons Required To File.
(a) Within thirty days of assuming the position of an officer or
employee described in subsection (f), an individual shall file a report
containing the information described in section 102(b) [5 U.S.C. App.
Sec. 102(b)] unless the individual has left another position described
in subsection (f) within thirty days prior to assuming such new
position or has already filed a report under this title [5 U.S.C. App.
Sec. Sec. 101 et seq.] with respect to nomination for the new position
or as a candidate for the position.
(b)(1) Within five days of the transmittal by the President to the
Senate of the nomination of an individual (other than an individual
nominated for appointment to a position as a Foreign Service Officer or
a grade or rank in the uniformed services for which the pay grade
prescribed by section 201 of title 37, United States Code, is O-6 or
below) to a position, appointment to which requires the advice and
consent of the Senate, such individual shall file a report containing
the information described in section 102(b) [5 U.S.C. App.
Sec. 102(b)]. Such individual shall, not later than the date of the
first hearing to consider the nomination of such individual, make
current the report filed pursuant to this paragraph by filing the
information required by section 102(a)(1)(A) [5 U.S.C. App.
Sec. 102(a)(1)(A)] with respect to income and honoraria received as of
the date which occurs five days before the date of such hearing.
Nothing in this Act shall prevent any Congressional committee from
requesting, as a condition of confirmation, any additional financial
information from any Presidential nominee whose nomination has been
referred to that committee.
(2) An individual whom the President or the President-elect has
publicly announced he intends to nominate to a position may file the
report required by paragraph (1) at any time after that public
announcement, but not later than is required under the first sentence
of such paragraph.
(c) Within thirty days of becoming a candidate as defined in section
301 of the Federal Campaign Act of 1971 [2 U.S.C. Sec. 431], in a
calendar year for nomination or election to the office of President,
Vice President, or Member of Congress, or on or before May 15 of that
calendar year, whichever is later, but in no event later than 30 days
before the election, and on or before May 15 of each successive year an
individual continues to be a candidate, an individual other than an
incumbent President, Vice President, or Member of Congress shall file a
report containing the information described in section 102(b) [5 U.S.C.
App. Sec. 102(b)]. Notwithstanding the preceding sentence, in any
calendar year in which an individual continues to be a candidate for
any office but all elections for such office relating to such candidacy
were held in prior calendar years, such individual need not file a
report unless he becomes a candidate for another vacancy in that office
or another office during that year.
(d) Any individual who is an officer or employee described in
subsection (f) during any calendar year and performs the duties of his
position or office for a period in excess of sixty days in that
calendar year shall file on or before May 15 of the succeeding year a
report containing the information described in section 102(a) [5 U.S.C.
App. Sec. 102(a)].
(e) Any individual who occupies a position described in subsection (f)
shall, on or before the thirtieth day after termination of employment
in such position, file a report containing the information described in
section 102(a) [5 U.S.C. App. Sec. 102(a)] covering the preceding
calendar year if the report required by subsection (d) has not been
filed and covering the portion of the calendar year in which such
termination occurs up to the date the individual left such office or
position, unless such individual has accepted employment in another
position described in subsection (f).
(f) The officers and employees referred to in subsections (a), (d), and
(e) are--
(1) the President;
(2) the Vice President;
(3) each officer or employee in the executive branch, including a
special Government employee as defined in section 202 of title 18,
United States Code, who occupies a position classified above GS-15 of
the General Schedule or, in the case of positions not under the General
Schedule, for which the rate of basic pay is equal to or greater than
120 percent of the minimum rate of basic pay payable for GS-15 of the
General Schedule, each member of a uniformed service whose pay grade is
at or in excess of O-7 under section 201 of title 37, United States
Code; and each officer or employee in any other position determined by
the Director of the Office of Government Ethics to be of equal
classification;
(4) each employee appointed pursuant to section 3105 of title 5, United
States Code;
(5) any employee not described in paragraph (3) who is in a position in
the executive branch which is excepted from the competitive service by
reason of being of a confidential or policymaking character, except
that the Director of the Office of Government Ethics may, by
regulation, exclude from the application of this paragraph any
individual, or group of individuals, who are in such positions, but
only in cases in which the Director determines such exclusion would not
affect adversely the integrity of the Government or the public's
confidence in the integrity of the Government;
(6) the Postmaster General, the Deputy Postmaster General, each
Governor of the Board of Governors of the United States Postal Service
and each officer or employee of the United States Postal Service or
Postal Rate Commission who occupies a position for which the rate of
basic pay is equal to or greater than 120 percent of the minimum rate
of basic pay payable for GS-15 of the General Schedule;
(7) the Director of the Office of Government Ethics and each designated
agency ethics official;
(8) any civilian employee not described in paragraph (3), employed in
the Executive Office of the President (other than a special government
employee) who holds a commission of appointment from the President;
(9) a Member of Congress as defined under section 109(12) [5 U.S.C.
App. Sec. 109(12)];
(10) an officer or employee of the Congress as defined under section
109(13) [5 U.S.C. App. Sec. 109(13)];
(11) a judicial officer as defined under section 109(10) [5 U.S.C. App.
Sec. 109(10)]; and
(12) a judicial employee as defined under section 109(8) [5 U.S.C. App.
Sec. 109(8)].
(g)(1) Reasonable extensions of time for filing any report may be
granted under procedures prescribed by the supervising ethics office
for each branch, but the total of such extensions shall not exceed
ninety days.
(2)(A) In the case of an individual who is serving in the Armed Forces,
or serving in support of the Armed Forces in an area while that area is
designated by the President by Executive order as a combat zone for
purposes of section 112 of the Internal Revenue Code of 1986, the date
for the filing of any report shall be extended so that the date is 180
days after the later of--
(i) the last day of the individual's service in such area during such
designated period; or
(ii) the last day of the individual's hospitalization as a result of
injury received or disease contracted while serving in such area.
(B) The Office of Government Ethics, in consultation with the Secretary
of Defense, may prescribe procedures under this paragraph.
(h) The provisions of subsections (a), (b), and (e) shall not apply to
an individual who, as determined by the designated agency ethics
official or Secretary concerned (or in the case of a Presidential
appointee under subsection (b), the Director of the Office of
Government Ethics), the congressional ethics committees, or the
Judicial Conference, is not reasonably expected to perform the duties
of his office or position for more than sixty days in a calendar year,
except that if such individual performs the duties of his office or
position for more than sixty days in a calendar year--
(1) the report required by subsections (a) and (b) shall be filed
within fifteen days of the sixtieth day, and
(2) the report required by subsection (e) shall be filed as provided in
such subsection.
(i) The supervising ethics office for each branch may grant a publicly
available request for a waiver of any reporting requirement under this
section for an individual who is expected to perform or has performed
the duties of his office or position less than one hundred and thirty
days in a calendar year, but only if the supervising ethics office
determines that--
(1) such individual is not a full-time employee of the Government,
(2) such individual is able to provide services specially needed by the
Government,
(3) it is unlikely that the individual's outside employment or
financial interests will create a conflict of interest, and
(4) public financial disclosure by such individual is not necessary in
the circumstances.
(Oct. 26, 1978, Pub.L. 95-521, title II, Sec. 101; as amended June 13,
1979, Pub.L. 96-19, Sec. 2 (a)(1), (b), (c)(1), 4 (b)(1), (d)-(f), 5,
93 Stat. 37, 38, 40; Nov. 30, 1989, Pub.L. 101-194, title I, Sec. 202,
103 Stat. 1725; May 4, 1990, Pub.L. 101-280, Sec. 3 (1), (2), 104 Stat.
152; Pub.L. 102-25, title VI, Sec. 605(a), Apr. 6, 1991, 105 Stat. 110;
Pub.L. 102-398, Sec. 4(a)(1), Oct. 2, 1992, 106 Stat. 1356.)
5 U.S.C. App. Sec. 102. Contents of Reports.
(a) Each report filed pursuant to section 101 (d) and (e) [5 U.S.C.
App. Sec. 101 (d), (e)] shall include a full and complete statement
with respect to the following:
(1)(A) The source, type, and amount or value of income (other than
income referred to in subparagraph (B)) from any source (other than
from current employment by the United States Government), and the
source, date, and amount of honoraria from any source, received during
the preceding calendar year, aggregating $200 or more in value and,
effective January 1, 1991, the source, date, and amount of payments
made to charitable organizations in lieu of honoraria, and the
reporting individual shall simultaneously file with the applicable
supervising ethics office, on a confidential basis, a corresponding
list of recipients of all such payments, together with the dates and
amounts of such payments.
(B) The source and type of income which consists of dividends, rents,
interest, and capital gains, received during the preceding calendar
year which exceeds $200 in amount or value, and an indication of which
of the following categories the amount or value of such item of income
is within:
(i) not more than $1,000,
(ii) greater than $1,000 but not more than $2,500,
(iii) greater than $2,500 but not more than $5,000,
(iv) greater than $5,000 but not more than $15,000,
(v) greater than $15,000 but not more than $50,000,
(vi) greater than $50,000 but not more than $100,000,
(vii) greater than $100,000 but not more than $1,000,000,
(viii) greater than $1,000,000 but not more than $5,000,000 or
(ix) greater than $5,000,000.
(2)(A) The identity of the source, a brief description, and the value
of all gifts aggregating more than the minimal value as established by
section 7342(a)(5) of title 5, United States Code, or $250, whichever
is greater, received from any source other than a relative of the
reporting individual during the preceding calendar year, except that
any food, lodging, or entertainment received as personal hospitality of
an individual need not be reported, and any gift with a fair market
value of $100 or less, as adjusted at the same time and by the same
percentage as the minimal value is adjusted, need not be aggregated for
purposes of this subparagraph.
(B) The identity of the source and a brief description (including a
travel itinerary, dates, and nature of expenses provided) of
reimbursements received from any source aggregating more than the
minimal value as established by section 7342(a)(5) of title 5, United
States Code, or $250, whichever is greater and received during the
preceding calendar year.
(C) In an unusual case, a gift need not be aggregated under
subparagraph (A) if a publicly available request for a waiver is
granted.
(3) The identity and category of value of any interest in property held
during the preceding calendar year in a trade or business, or for
investment or the production of income, which has a fair market value
which exceeds $1,000 as of the close of the preceding calendar year,
excluding any personal liability owed to the reporting individual by a
spouse, or by a parent, brother, sister, or child of the reporting
individual or of the reporting individual's spouse, or any deposits
aggregating $5,000 or less in a personal savings account. For purposes
of this paragraph, a personal savings account shall include any
certificate of deposit or any other form of deposit in a bank, savings
and loan association, credit union, or similar financial institution.
(4) The identity and category of value of the total liabilities owed to
any creditor other than a spouse, or a parent, brother, sister, or
child of the reporting individual or of the reporting individual's
spouse which exceed $10,000 at any time during the preceding calendar
year, excluding--
(A) any mortgage secured by real property which is a personal residence
of the reporting individual or his spouse; and
(B) any loan secured by a personal motor vehicle, household furniture,
or appliances, which loan does not exceed the purchase price of the
item which secures it.
With respect to revolving charge accounts, only those with an
outstanding liability which exceeds $10,000 as of the close of the
preceding calendar year need be reported under this paragraph.
(5) Except as provided in this paragraph, a brief description, the
date, and category of value of any purchase, sale or exchange during
the preceding calendar year which exceeds $1,000--
(A) in real property, other than property used solely as a personal
residence of the reporting individual or his spouse; or
(B) in stocks, bonds, commodities futures, and other forms of
securities.
Reporting is not required under this paragraph of any transaction
solely by and between the reporting individual, his spouse, or
dependent children.
(6)(A) The identity of all positions held on or before the date of
filing during the current calendar year (and, for the first report
filed by an individual, during the two-year period preceding such
calendar year) as an officer, director, trustee, partner, proprietor,
representative, employee, or consultant of any corporation, company,
firm, partnership, or other business enterprise, any nonprofit
organization, any labor organization, or any educational or other
institution other than the United States. This subparagraph shall not
require the reporting of positions held in any religious, social,
fraternal, or political entity and positions solely of an honorary
nature.
(B) If any person, other than the United States Government, paid a
nonelected reporting individual compensation in excess of $5,000 in any
of the two calendar years prior to the calendar year during which the
individual files his first report under this title [5 U.S.C. App.
Sec. 101 et seq.], the individual shall include in the report--
(i) the identity of each source of such compensation; and
(ii) a brief description of the nature of the duties performed or
services rendered by the reporting individual for each such source.
The preceding sentence shall not require any individual to include in
such report any information which is considered confidential as a
result of a privileged relationship, established by law, between such
individual and any person nor shall it require an individual to report
any information with respect to any person for whom services were
provided by any firm or association of which such individual was a
member, partner, or employee unless such individual was directly
involved in the provision of such services.
(7) A description of the date, parties to, and terms of any agreement
or arrangement with respect to (A) future employment; (B) a leave of
absence during the period of the reporting individual's Government
service; (C) continuation of payments by a former employer other than
the United States Government; and (D) continuing participation in an
employee welfare or benefit plan maintained by a former employer.
(8) The category of the total cash value of any interest of the
reporting individual in a qualified blind trust, unless the trust
instrument was executed prior to July 24, 1995 and precludes the
beneficiary from receiving information on the total cash value of any
interest in the qualified blind trust.
(b)(1) Each report filed pursuant to subsections (a), (b), and (c) of
section 101 [5 U.S.C. App. Sec. 101 (a)-(c)] shall include a full and
complete statement with respect to the information required by--
(A) paragraph (1) of subsection (a) for the year of filing and
preceding calendar year,
(B) paragraphs (3) and (4) of subsection (a) as of the date specified
in the report but which is less than thirty-one days before the filing
date, and
(C) paragraphs (6) and (7) of subsection (a) as of the filing date but
for periods described in such paragraphs.
(2)(A) In lieu of filling out one or more schedules of a financial
disclosure form, an individual may supply the required information in
an alternative format, pursuant to either rules adopted by the
supervising ethics office for the branch in which such individual
serves or pursuant to a specific written determination by such office
for a reporting individual.
(B) In lieu of indicating the category of amount or value of any item
contained in any report filed under this title [5 U.S.C. App. Sec. 101
et seq.], a reporting individual may indicate the exact dollar amount
of such item.
(c) In the case of any individual described in section 101(e) [5 U.S.C.
App. Sec. 101(e)], any reference to the preceding calendar year shall
be considered also to include that part of the calendar year of filing
up to the date of the termination of employment.
(d)(1) The categories for reporting the amount or value of the items
covered in paragraphs (3), (4), (5), and (8) of subsection (a) are as
follows:
(A) not more than $15,000;
(B) greater than $15,000 but not more than $50,000;
(C) greater than $50,000 but not more than $100,000;
(D) greater than $100,000 but not more than $250,000;
(E) greater than $250,000 but not more than $500,000;
(F) greater than $500,000 but not more than $1,000,000;
(G) greater than $1,000,000 but not more than $5,000,000;
(H) greater than $5,000,000 but not more than $25,000,000;
(I) greater than $25,000,000 but not more than $50,000,000; and
(J) greater than $50,000,000.
(2) For the purposes of paragraph (3) of subsection (a) if the current
value of an interest in real property (or an interest in a real estate
partnership) is not ascertainable without an appraisal, an individual
may list (A) the date of purchase and the purchase price of the
interest in the real property, or (B) the assessed value of the real
property of tax purposes, adjusted to reflect the market value of the
property used for the assessment if the assessed value is computed at
less than 100 percent of such market value, but such individual shall
include in his report a full and complete description of the method
used to determine such assessed value, instead of specifying a category
of value pursuant to paragraph (1) of this subsection. If the current
value of any other item required to be reported under paragraph (3) of
subsection (a) is not ascertainable without an appraisal, such
individual may list the book value of a corporation whose stock is not
publicly traded, the net worth of a business partnership, the equity
value of an individually owned business, or with respect to other
holdings, any recognized indication of value, but such individual shall
include in his report a full and complete description of the method
used in determining such value. In lieu of any value referred to in the
preceding sentence, an individual may list the assessed value of the
item for tax purposes, adjusted to reflect the market value of the item
used for the assessment if the assessed value is computed at less than
100 percent of such market value, but a full and complete description
of the method used in determining such assessed value shall be included
in the report.
(e)(1) Except as provided in the last sentence of this paragraph, each
report required by section 101 [5 U.S.C. App. Sec. 101] shall also
contain information listed in paragraphs (1) through (5) of subsection
(a) of this section respecting the spouse or dependent child of the
reporting individual as follows:
(A) The source of items of earned income earned by a spouse from any
person which exceed $1,000 and the source and amount of any honoraria
received by a spouse, except that, with respect to earned income (other
than honoraria), if the spouse is self-employed in business or a
profession, only the nature of such business or profession need be
reported.
(B) All information required to be reported in subsection (a)(1)(B)
with respect to income derived by a spouse or dependent child from any
asset held by the spouse or dependent child and reported pursuant to
subsection (a)(3).
(C) In the case of any gifts received by a spouse or dependent child
which are not received totally independent of the relationship of the
spouse or dependent child to the reporting individual, the identity of
the source and a brief description of gifts of transportation, lodging,
food, or entertainment and a brief description and the value of other
gifts.
(D) In the case of any reimbursements received by a spouse or dependent
child which are not received totally independent of the relationship of
the spouse or dependent child to the reporting individual, the identify
of the source and a brief description of each such reimbursement.
(E) In the case of items described in paragraphs (3) through (5) of
subsection (a), all information required to be reported under these
paragraphs other than items (i) which the reporting individual
certifies represent the spouse's or dependent child's sole financial
interest or responsibility and which the reporting individual has no
knowledge of, (ii) which are not in any way, past or present, derived
from the income, assets, or activities of the reporting individual, and
(iii) from which the reporting individual neither derives, nor expects
to derive, any financial or economic benefit.
(F) For purposes of this section, categories with amounts or values
greater than $1,000,000 set forth in sections 102(a)(1)(B) and
102(d)(1) shall apply to the income, assets, or liabilities of spouses
and dependent children only if the income, assets, or liabilities are
held jointly with the reporting individual. All other income, assets,
or liabilities of the spouse or dependent children required to be
reported under this section in an amount or value greater than
$1,000,000 shall be categorized only as an amount or value greater than
$1,000,000.
Reports required by subsections (a), (b), and (c) of section 101 [5
U.S.C. App. Sec. 101 (a)-(c)] shall, with respect to the spouse and
dependent child of the reporting individual, only contain information
listed in paragraphs (1), (3), and (4) of subsection (a), as specified
in this paragraph.
(2) No report shall be required with respect to a spouse living
separate and apart from the reporting individual with the intention of
terminating the marriage or providing for permanent separation; or with
respect to any income or obligations of an individual arising from the
dissolution of his marriage or the permanent separation from his
spouse.
(f)(1) Except as provided in paragraph (2), each reporting individual
shall report the information required to be reported pursuant to
subsections (a), (b), and (c) of this section with respect to the
holdings of and the income from a trust or other financial arrangement
from which income is received by, or with respect in which a beneficial
interest in principal or income is held by, such individual, his
spouse, or any dependent child.
(2) A reporting individual need not report the holdings of or the
source of income from any of the holdings of--
(A) any qualified blind trust (as defined in paragraph (3));
(B) a trust--
(i) which was not created directly by such individual, his spouse, or
any dependent child, and
(ii) the holdings or sources of income of which such individual, his
spouse, and any dependent child have no knowledge of; or
(C) an entity described under the provisions of paragraph (8), but such
individual shall report the category of the amount of income received
by him, his spouse, or any dependent child from the trust or other
entity under subsection (a)(1)(B) of this section.
(3) For purposes of this subsection, the term ``qualified blind trust''
includes any trust in which a reporting individual, his spouse, or any
minor or dependent child has a beneficial interest in the principal or
income, and which meets the following requirements:
(A)(i) The trustee of the trust and any other entity designated in the
trust instrument to perform fiduciary duties is a financial
institution, an attorney, a certified public accountant, a broker, or
an investment advisor who--
(I) is independent of and not associated with any interested party so
that the trustee or other person cannot be controlled or influenced in
the administration of the trust by any interested party; and
(II) is not and has not been an employee of or affiliated with any
interested party and is not a partner of, or involved in any joint
venture or other investment with, any interested party; and
(III) is not a relative of any interested party.
(ii) Any officer or employee of a trustee or other entity who is
involved in the management or control of the trust--
(I) is independent of and not associated with any interested party so
that such officer or employee cannot be controlled or influenced in the
administration of the trust by any interested party;
(II) is not a partner of, or involved in any joint venture or other
investment with, any interested party; and
(III) is not a relative of any interested party.
(B) Any asset transferred to the trust by an interested party is free
of any restriction with respect to its transfer or sale unless such
restriction is expressly approved by the supervising ethics office of
the reporting individual.
(C) The trust instrument which establishes the trust provides that--
(i) except to the extent provided in subparagraph (B) of this
paragraph, the trustee in the exercise of his authority and discretion
to manage and control the assets of the trust shall not consult or
notify any interested party;
(ii) the trust shall not contain any asset the holding of which by an
interested party is prohibited by any law or regulation;
(ii) the trustee shall promptly notify the reporting individual and his
supervising ethics office when the holdings of any particular asset
transferred to the trust by any interested party are disposed of or
when the value of such holding is less than $1,000;
(iv) the trust tax return shall be prepared by the trustee or his
designee, and such return and any information relating thereto (other
than the trust income summarized in appropriate categories necessary to
complete an interested party's tax return), shall not be disclosed to
any interested party;
(v) an interested party shall not receive any report on the holdings
and sources of income of the trust, except a report at the end of each
calendar quarter with respect to the total cash value of the interest
of the interested party in the trust or the net income or loss of the
trust or any reports necessary to enable the interested party to
complete an individual tax return required by law or to provide the
information required by subsection (a)(1) of this section, but such
report shall not identify any asset or holding;
(vi) except for communications which solely consist of requests for
distributions of cash or other unspecified assets of the trust, there
shall be no direct or indirect communication between the trustee and an
interested party with respect to the trust unless such communication is
in writing and unless it relates only (I) to the general financial
interest and needs of the interested party (including, but not limited
to, an interest in maximizing income or long-term capital gain), (II)
to the notification of the trustee of a law or regulation subsequently
applicable to the reporting individual which prohibits the interested
party from holding an asset, which notification directs that the asset
not be held by the trust, or (III) to directions to the trustee to sell
all of an asset initially placed in the trust by an interested party
which in the determination of the reporting individual creates a
conflict of interest or the appearance thereof due to the subsequent
assumption of duties by the reporting individual (but nothing herein
shall require any such direction); and
(vii) the interested parties shall make no effort to obtain information
with respect to the holdings of the trust, including obtaining a copy
of any trust tax return filed or any information relating thereto
except as otherwise provided in this subsection.
(D) The proposed trust instrument and the proposed trustee is approved
by the reporting individual's supervising ethics office.
(E) For purposes of this subsection, ``interested party'' means a
reporting individual, his spouse, and any minor or dependent child;
``broker'' has the meaning set forth in section 3(a)(4) of the
Securities and Exchange Act of 1934 (15 U.S.C. 78c(a)(4)); and
``investment adviser'' includes any investment adviser who, as
determined under regulations prescribed by the supervising ethics
office, is generally involved in his role as such an adviser in the
management or control of trusts.
(F) Any trust qualified by a supervising ethics office before the
effective date of title II of the Ethics Reform Act of 1989 shall
continue to be governed by the law and regulations in effect
immediately before such effective date.
(4)(A) An asset placed in a trust by an interested party shall be
considered a financial interest of the reporting individual, for the
purposes of any applicable conflict of interest statutes, regulations,
or rules of the Federal Government (including section 208 of title 18,
United States Code), until such time as the reporting individual is
notified by the trustee that such asset has been disposed of, or has a
value of less than $1,000.
(B)(i) The provisions of subparagraph (A) shall not apply with respect
to a trust created for the benefit of a reporting individual, or the
spouse, dependent child, or minor child of such a person, if the
supervising ethics office for such reporting individual finds that--
(I) the assets placed in the trust consist of a well-diversified
portfolio of readily marketable securities;
(II) none of the assets consist of securities of entities having
substantial activities in the area of the reporting individual's
primary area of responsibility;
(III) the trust instrument prohibits the trustee, notwithstanding the
provisions of paragraphs (3)(C) (iii) and (iv) of this subsection, from
making public or informing any interested party of the sale of any
securities;
(IV) the trustee is given power of attorney, notwithstanding the
provisions of paragraph (3)(C)(v) of this subsection, to prepare on
behalf of any interested party the personal income tax returns and
similar returns which may contain information relating to the trust;
and
(V) except as otherwise provided in this paragraph, the trust
instrument provides (or in the case of a trust established prior to the
effective date of this Act which by its term does not permit amendment,
the trustee, the reporting individual, and any other interested party
agree in writing) that the trust shall be administered in accordance
with the requirements of this subsection and the trustee of such trust
meets the requirements of paragraph (3)(A).
(ii) In any instance covered by subparagraph (B) in which the reporting
individual is an individual whose nomination is being considered by a
congressional committee, the reporting individual shall inform the
congressional committee considering his nomination before or during the
period of such individual's confirmation hearing of his intention to
comply with this paragraph.
(5)(A) The reporting individual shall, within thirty days after a
qualified blind trust is approved by his supervising ethics office,
file with such office a copy of--
(i) the executed trust instrument of such trust (other than those
provisions which relate to the testamentary disposition of the trust
assets), and
(ii) a list of the assets which were transferred to such trust,
including the category of value of each asset as determined under
subsection (d) of this section.
This subparagraph shall not apply with respect to a trust meeting the
requirements for being considered a qualified blind trust under
paragraph (7) of this subsection.
(B) The reporting individual shall, within thirty days of transferring
an asset (other than cash) to a previously established qualified blind
trust, notify his supervising ethics office of the identity of each
such asset and the category of value of each asset as determined under
subsection (d) of this section.
(C) Within thirty days of the dissolution of a qualified blind trust, a
reporting individual shall--
(i) notify his supervising ethics office of such dissolution, and
(ii) file with such office a copy of a list of the assets of the trust
at the time of such dissolution and the category of value under
subsection (d) of this section of each such asset.
(D) Documents filed under subparagraphs (A), (B), and (C) of this
paragraph and the lists provided by the trustee of assets placed in the
trust by an interested party which have been sold shall be made
available to the public in the same manner as a report is made
available under section 105 [5 U.S.C. App. Sec. 105] and the provisions
of that section shall apply with respect to such documents and lists.
(E) A copy of each written communication with respect to the trust
under paragraph (3)(C)(vi) shall be filed by the person initiating the
communication with the reporting individual's supervising ethics office
within five days of the date of the communication.
(6)(A) A trustee of a qualified blind trust shall not knowingly and
willfully, or negligently, (i) disclose any information to an
interested party with respect to such trust that may not be disclosed
under paragraph (3) of this subsection; (ii) acquire any holding the
ownership of which is prohibited by the trust instrument; (iii) solicit
advice from any interested party with respect to such trust, which
solicitation is prohibited by paragraph (3) of this subsection or the
trust agreement; or (iv) fail to file any document required by this
subsection.
(B) A reporting individual shall not knowingly and willfully, or
negligently, (i) solicit or receive any information with respect to a
qualified blind trust of which he is an interested party that may not
be disclosed under paragraph (3)(C) of this subsection or (ii) fail to
file any document required by this subsection.
(C)(i) The Attorney General may bring a civil action in any appropriate
United States district court against any individual who knowingly and
willfully violates the provisions of subparagraph (A) or (B) of this
paragraph. The court in which such action is brought may assess against
such individual a civil penalty in any amount not to exceed $10,000.
(ii) The Attorney General may bring a civil action in any appropriate
United States district court against any individual who negligently
violates the provisions of subparagraph (A) or (B) of this paragraph.
The court in which such action is brought may assess against such
individual a civil penalty in any amount not to exceed $5,000.
(7) Any trust may be considered to be a qualified blind trust if--
(A) the trust instrument is amended to comply with the requirements of
paragraph (3) or, in the case of a trust instrument which does not by
its terms permit amendment, the trustee, the reporting individual, and
any other interested party agree in writing that the trust shall be
administered in accordance with the requirements of this subsection and
the trustee of such trust meets the requirements of paragraph (3)(A);
except that in the case of any interested party who is a dependent
child, a parent or guardian of such child may execute the agreement
referred to in this subparagraph;
(B) a copy of the trust instrument (except testamentary provisions) and
a copy of the agreement referred to in subparagraph (A), and a list of
the assets held by the trust at the time of approval by the supervising
ethics office, including the category of value of each asset as
determined under subsection (d) of this section, are filed with such
office and made available to the public as provided under paragraph
(5)(D) of this subsection; and
(C) the supervising ethics office determines that approval of the trust
arrangement as a qualified blind trust is in the particular case
appropriate to assure compliance with applicable laws and regulations.
(8) A reporting individual shall not be required to report the
financial interests held by a widely held investment fund (whether such
fund is a mutual fund, regulated investment company, pension or
deferred compensation plan, or other investment fund), if--
(A)(i) the fund is publicly traded; or
(ii) the assets of the fund are widely diversified; and
(B) the reporting individual neither exercises control over nor has the
ability to exercise control over the financial interests held by the
fund.
(g) Political campaign funds, including campaign receipts and
expenditures, need not be included in any report filed pursuant to this
title [5 U.S.C. App. Sec. 101 et seq.].
(h) A report filed pursuant to subsection (a), (d), or (e) of section
101 [5 U.S.C. App. Sec. 101 (a), (d), or (e)] need not contain the
information described in subparagraphs (A), (B), and (C) of subsection
(a)(2) with respect to gifts and reimbursements received in a period
when the reporting individual was not an officer or employee of the
Federal Government.
(i) A reporting individual shall not be required under this title [5
U.S.C. App. Sec. 101 et seq.] to report--
(1) financial interests in or income derived from--
(A) any retirement system under title 5, United States Code (including
the Thrift Savings Plan under subchapter III of chapter 84 of such
title [5 U.S.C. Sec. 8431 et seq.] ); or
(B) any other retirement system maintained by the United States for
officers or employees of the United States, including the President, or
for members of the uniformed services; or
(2) benefits received under the Social Security Act [42 U.S.C. Sec. 301
et seq.].
(Oct. 26, 1978, Pub.L. 95-521, title II, Sec. 102; as amended June 13,
1979, Pub.L. 96-19, Sec. Sec. 3(a)(1), (b), 6(a), 7(a)-(d)(1), (f),
9(b), (c)(1), (j), 93 Stat. 39-43; Oct. 1, 1981, Pub.L. 97-51,
Sec. 130(b), 95 Stat. 966; Nov. 11, 1983, Pub.L. 98-150, Sec. 10 in
part, 97 Stat. 962; Nov. 30, 1989, Pub.L. 101-194, title II, Sec. 202,
103 Stat. 1727; May 4, 1990, Pub.L. 101-280, Sec. 3(3), 104 Stat. 152;
Pub.L. 102-90, Title III, Sec. 314(a), Aug. 14, 1991, 105 Stat. 469;
Pub.L. 104-65, Sec. Sec. 20, 22(a), (b), Dec. 19, 1995, 109 Stat. 704,
705.)
5 U.S.C. App. 4 Sec. 103. Filing of Reports.
(a) Except as otherwise provided in this section, the reports required
under this title [5 U.S.C. App. 4 Sec. 101 et seq.] shall be filed by
the reporting individual with the designated agency ethics official at
the agency by which he is employed (or in the case of an individual
described in section 101(e) [5 U.S.C. App. 4 Sec. 101(e)], was
employed) or in which he will serve. The date any report is received
(and the date of receipt of any supplemental report) shall be noted on
such report by such official.
(b) The President, the Vice President, and independent counsel and
persons appointed by independent counsel under chapter 40 of title 28,
United States Code [28 U.S.C. Sec. 591 et seq.], shall file reports
required under this title with the Director of the Office of Government
Ethics.
(c) Copies of the reports required to be filed under this title [5
U.S.C. App. 4 Sec. 101 et seq.] by the Postmaster General, the Deputy
Postmaster General, the Governors of the Board of Governors of the
United States Postal Service, designated agency ethics officials,
employees described in section 105(a)(2) (A) or (B), 106(a)(1) (A) or
(B), or 107 (a)(1)(A) or (b)(1)(A)(i), of title 3, United States Code,
candidates for the office of President or Vice President and officers
and employees in (and nominees to) offices or positions which require
confirmation by the Senate or by both Houses of Congress other than
individuals nominated to be judicial officers and those referred to in
subsection (f) shall be transmitted to the Director of the Office of
Government Ethics. The Director shall forward a copy of the report of
each nominee to the congressional committee considering the nomination.
(d) Reports required to be filed under this title [5 U.S.C. App. 4
Sec. 101 et seq.] by the Director of the Office of Government Ethics
shall be filed in the Office of Government Ethics and, immediately
after being filed, shall be made available to the public in accordance
with this title [5 U.S.C. App. 4 Sec. 101 et seq.].
(e) Each individual identified in section 101(c) [5 U.S.C. App. 4
Sec. 101(c)] who is a candidate for nomination or election to the
Office of President or Vice President shall file the reports required
by this title [5 U.S.C. App. 4 Sec. 101 et seq.] with the Federal
Election Commission.
(f) Reports required of members of the uniformed services shall be
filed with the Secretary concerned.
(g) Each supervising ethics office shall develop and make available
forms for reporting the information required by this title [5 U.S.C.
App. 4 Sec. 101 et seq.].
(h)(1) The reports required under this title [5 U.S.C. App. 4 Sec. 101
et seq.] shall be filed by a reporting individual with--
(A)(i)(I) the Clerk of the House of Representatives, in the case of a
Representative in Congress, a Delegate to Congress, the Resident
Commissioner from Puerto Rico, an officer or employee of the Congress
whose compensation is disbursed by the Chief Administrative Officer of
the House of Representatives, an officer or employee of the Architect
of the Capitol, the United States Botanic Garden, the Congressional
Budget Office, the Government Printing Office, the Library of Congress,
or the Copyright Royalty Tribunal (including any individual terminating
service, under section 101(e) [5 U.S.C. App. 4 Sec. 101(e)], in any
office or position referred to in this subclause), or an individual
described in section 101(c) [5 U.S.C. App. 4 Sec. 101(c)] who is a
candidate for nomination or election as a Representative in Congress, a
Delegate to Congress, or the Resident Commissioner from Puerto Rico;
and
(II) the Secretary of the Senate, in the case of a Senator, an officer
or employee of the Congress whose compensation is disbursed by the
Secretary of the Senate, an officer or employee of the General
Accounting Office, the Office of Technology Assessment, or the Office
of the Attending Physician (including any individual terminating
service, under section 101(e) [5 U.S.C. App. 4 Sec. 101(2)], in any
office or position referred to in this subclause), or an individual
described in section 101(c) [5 U.S.C. App. 4 Sec. 101(c)] who is a
candidate for nomination or election as a Senator; and
(ii) in the case of an officer or employee of the Congress as described
under section 101(f)(10) [5 U.S.C. App. 4 Sec. 101(f)(10)] who is
employed by an agency or commission established in the legislative
branch after the date of the enactment of the Ethics Reform Act of 1989
[enacted Nov. 30, 1989]--
(I) the Secretary of the Senate or the Clerk of the House of
Representatives, as the case may be, as designated in the statute
establishing such agency or commission; or
(II) if such statute does not designate such committee, the Secretary
of the Senate for agencies and commissions established in even numbered
calendar years, and the Clerk of the House of Representatives for
agencies and commissions established in odd numbered calendar years;
and
(B) the Judicial Conference with regard to a judicial officer or
employee described under paragraphs (11) and (12) of section 101(f) [5
U.S.C. App. 4 Sec. 101(f) (11), (12)] (including individuals
terminating service in such office or position under section 101(e) [5
U.S.C. App. 4 Sec. 101(e)] or immediately preceding service in such
office or position).
(2) The date any report is received (and the date of receipt of any
supplemental report) shall be noted on such report by such committee.
(i) A copy of each report filed under this title [5 U.S.C. App. 4
Sec. 101 et seq.] by a Member or an individual who is a candidate for
the office of Member shall be sent by the Clerk of the House of
Representatives or Secretary of the Senate, as the case may be, to the
appropriate State officer designated under section 316(a) of the
Federal Election Campaign Act of 1971 [2 U.S.C. Sec. 439(a)] of the
State represented by the Member or in which the individual is a
candidate, as the case may be, within the 30-day period beginning on
the day the report is filed with the Clerk or Secretary.
(j)(1) A copy of each report filed under this title [5 U.S.C. App. 4
Sec. 101 et seq.] with the Clerk of the House of Representatives shall
be sent by the Clerk to the Committee on Standards of Official Conduct
of the House of Representatives within the 7-day period beginning on
the day the report is filed.
(2) A copy of each report filed under this title [5 U.S.C. App. 4
Sec. 101 et seq.] with the Secretary of the Senate shall be sent by the
Secretary to the Select Committee on Ethics of the Senate within the 7-
day period beginning on the day the report is filed.
(k) In carrying out their responsibilities under this title [5 U.S.C.
App. 4 Sec. 101 et seq.] with respect to candidates for office, the
Clerk of the House of Representatives and the Secretary of the Senate
shall avail themselves of the assistance of the Federal Election
Commission. The Commission shall make available to the Clerk and the
Secretary on a regular basis a complete list of names and addresses of
all candidates registered with the Commission, and shall cooperate and
coordinate its candidate information and notification program with the
Clerk and the Secretary to the greatest extent possible.
(Oct. 26, 1978, Pub.L. 95-521, title II, Sec. 103; as amended June 13,
1979, Pub.L. 96-19, Sec. Sec. 4(b)(2), 9(a), 93 Stat. 40, 42; Nov. 30,
1989, Pub.L. 101-194, title II, Sec. 202, 103 Stat. 1736; May 4, 1990,
Pub.L. 101-280, Sec. 3(1), (4), 104 Stat. 152, 153; Pub.L. 102-90,
Title III, Sec. 313(1), Aug. 14, 1991, 105 Stat. 469; Pub.L. 104-186,
Title II, Sec. 216(1), Aug. 20, 1996, 110 Stat. 1747.)
5 U.S.C. App. 4 Sec. 104. Failure To File or Filing False Reports.
(a) The Attorney General may bring a civil action in any appropriate
United States district court against any individual who knowingly and
willfully falsifies or who knowingly and willfully fails to file or
report any information that such individual is required to report
pursuant to section 102 [5 U.S.C. App. 4 Sec. 102]. The court in which
such action is brought may assess against such individual a civil
penalty in any amount, not to exceed $10,000.
(b) The head of each agency, each Secretary concerned, the Director of
the Office of Government Ethics, each congressional ethics committee,
or the Judicial Conference, as the case may be, shall refer to the
Attorney General the name of any individual which such official or
committee has reasonable cause to believe has willfully failed to file
a report or has willfully falsified or willfully failed to file
information required to be reported. Whenever the Judicial Conference
refers a name to the Attorney General under this subsection, the
Judicial Conference also shall notify the judicial council of the
circuit in which the named individual serves of the referral.
(c) The President, the Vice President, the Secretary concerned, the
head of each agency, the Office of Personnel Management, a
congressional ethics committee, and the Judicial Conference, may take
any appropriate personnel or other action in accordance with applicable
law or regulation against any individual failing to file a report or
falsifying or failing to report information required to be reported.
(d)(1) Any individual who files a report required to be filed under
this title [5 U.S.C. App. 4 Sec. 101 et seq.] more than 30 days after
the later of--
(A) the date such report is required to be filed pursuant to the
provisions of this title [5 U.S.C. App. 4 Sec. 101 et seq.] and the
rules and regulations promulgated thereunder; or
(B) if a filing extension is granted to such individual under section
101(g) [5 U.S.C. App. 4 Sec. 101(g)], the last day of the filing
extension period, shall, at the direction of and pursuant to
regulations issued by the supervising ethics office, pay a filing fee
of $200. All such fees shall be deposited in the miscellaneous receipts
of the Treasury. The authority under this paragraph to direct the
payment of a filing fee may be delegated by the supervising ethics
office in the executive branch to other agencies in the executive
branch.[.]
(2) The supervising ethics office may waive the filing fee under this
subsection in extraordinary circumstances.
(Oct. 26, 1978, Pub.L. 95-521, title II, Sec. 104; as amended June 13,
1979, Pub.L. 96-19, Sec. 8(a), 93 Stat. 41; Nov. 30, 1989, Pub.L. 101-
194, title II, Sec. 202, 103 Stat. 1737; May 4, 1990, Pub.L. 101-280,
Sec. 3(1), (5), 104 Stat. 152, 154; Pub.L. 101-650, Title IV, Sec. 405,
Dec.1, 1990, 104 Stat. 5124.)
5 U.S.C. App. 4 Sec. 105. Custody and Public Access to Reports.
(a) Each agency, each supervising ethics office in the executive or
judicial branch, the Clerk of the House of Representatives, and the
Secretary of the Senate shall make available to the public, in
accordance with subsection (b), each report filed under this title [5
U.S.C. App. 4 Sec. 101 et seq.] with such agency or office or with the
Clerk or the Secretary of the Senate, except that--
(1) this section does not require public availability of a report filed
by any individual in the Central Intelligence Agency, the Defense
Intelligence Agency, the National Imagery and Mapping Agency, or the
National Security Agency, or any individual engaged in intelligence
activities in any agency of the United States, if the President finds
or has found that, due to the nature of the office or position occupied
by such individual, public disclosure of such report would, be [by]
revealing the identity of the individual or other sensitive
information, compromise the national interest of the United States; and
such individuals may be authorized, notwithstanding section 104(a) [5
U.S.C. App. 4 Sec. 104(a)], to file such additional reports as are
necessary to protect their identity from public disclosure if the
President first finds or has found that such filing is necessary in the
national interest; and
(2) any report filed by an independent counsel whose identity has not
been disclosed by the division of the court under chapter 40 of title
28, United States Code, and any report filed by any person appointed by
that independent counsel under such chapter, shall not be made
available to the public under this title [5 U.S.C. App. 4 Sec. 101 et
seq.].
(b)(1) Except as provided in the second sentence of this subsection,
each agency, each supervising ethics office in the executive or
judicial branch, the Clerk of the House of Representatives, and the
Secretary of the Senate shall, within thirty days after any report is
received under this title [5 U.S.C. App. 4 Sec. 101 et seq.] by such
agency or office or by the Clerk or the Secretary of the Senate, as the
case may be, [,] permit inspection of such report by or furnish a copy
of such report to any person requesting such inspection or copy. With
respect to any report required to be filed by May 15 of any year, such
report shall be made available for public inspection within 30 calendar
days after May 15 of such year or within 30 days of the date of filing
of such a report for which an extension is granted pursuant to section
101(g). The agency, office, Clerk, or Secretary of the Senate, as the
case may be may require a reasonable fee to be paid in any amount which
is found necessary to recover the cost of reproduction or mailing of
such report excluding any salary of any employee involved in such
reproduction or mailing. A copy of such report may be furnished without
charge or at a reduced charge if it is determined that waiver or
reduction of the fee is in the public interest.
(2) Notwithstanding paragraph (1), a report may not be made available
under this section to any person nor may any copy thereof be provided
under this section to any person except upon a written application by
such person stating--
(A) that person's name, occupation and address;
(B) the name and address of any other person or organization on whose
behalf the inspection or copy is requested; and
(C) that such person is aware of the prohibitions on the obtaining or
use of the report.
Any such application shall be made available to the public throughout
the period during which the report is made available to the public.
(3)(A) This section does not require the immediate and unconditional
availability of reports filed by an individual described in section
109(8) or 109(10) of this Act [sections 109(8) or 109(10) of Appendix 4
of this title] if a finding is made by the Judicial Conference, in
consultation with United States Marshall Service, that revealing
personal and sensitive information could endanger that individual.
(B) A report may be redacted pursuant to this paragraph only--
(i) to the extent necessary to protect the individual who filed the
report; and
(ii) for as long as the danger to such individual exists.
(C) The Administrative Office of the United States Courts shall submit
to the Committees on the Judiciary of the House of Representatives and
of the Senate an annual report with respect to the operation of this
paragraph including--
(i) the total number of reports redacted pursuant to this paragraph;
(ii) the total number of individuals whose reports have been redacted
pursuant to this paragraph; and
(iii) the types of threats against individuals whose reports are
redacted, if appropriate.
(D) The Judicial Conference, in consultation with the Department of
Justice, shall issue regulations setting forth the circumstances under
which redaction is appropriate under this paragraph and the procedures
for redaction.
(E) This paragraph shall expire on December 31, 2001, and apply to
filings through calendar year 2001.
(c)(1) It shall be unlawful for any person to obtain or use a report--
(A) for any unlawful purpose;
(B) for any commercial purpose, other than by news and communications
media for dissemination to the general public;
(C) for determining or establishing the credit rating of any
individual; or
(D) for use, directly or indirectly, in the solicitation of money for
any political, charitable, or other purpose.
(2) The Attorney General may bring a civil action against any person
who obtains or uses a report for any purpose prohibited in paragraph
(1) of this subsection. The court in which such action is brought may
assess against such person a penalty in any amount not to exceed
$10,000. Such remedy shall be in addition to any other remedy available
under statutory or common law.
(d) Any report filed with or transmitted to an agency or supervising
ethics office or to the Clerk of the House of Representatives or the
Secretary of the Senate pursuant to this title [5 U.S.C. App. Sec. 101
et seq.] shall be retained by such agency or office or by the Clerk or
the Secretary of the Senate, as the case may be. Such report shall be
made available to the public for a period of six years after receipt of
the report. After such six-year period the report shall be destroyed
unless needed in an ongoing investigation, except that in the case of
an individual who filed the report pursuant to section 101(b) [5 U.S.C.
App. Sec. 101(b)] and was not subsequently confirmed by the Senate, or
who filed the report pursuant to section 101(c) [5 U.S.C. App.
Sec. 101(c)] and was not subsequently elected, such reports shall be
destroyed one year after the individual either is no longer under
consideration by the Senate or is no longer a candidate for nomination
or election to the Office of President, Vice President, or as a Member
of Congress, unless needed in an ongoing investigation.
(Oct. 26, 1978, Pub.L. 95-521, title II, Sec. 105; as amended Nov. 30,
1989, Pub.L. 101-194, title II, Sec. 202, 103 Stat 1737; May 4, 1990,
Pub.L. 101-280, Sec. 3(6), 104 Stat. 154; Pub. L. 102-90, title III,
Sec. 313(2), Aug. 14, 1991, 105 Stat. 469; Pub. L. 103-359, title V,
Sec. 501(m), Oct. 14, 1994, 108 Stat. 3430; Pub. L. 104-201, div. A,
title XI, Sec. 1122(b)(2), Sept. 23, 1996, 110 Stat. 2687; Pub. L. 105-
318, Sec. 7, Oct. 30, 1998, 112 Stat. 3011.)
5 U.S.C. App. 4 Sec. 106. Review of Reports.
(a)(1) Each designated agency ethics official or Secretary concerned
shall make provisions to ensure that each report filed with him under
this title [5 U.S.C. App. 4 Sec. 101 et seq.] is reviewed within sixty
days after the date of such filing, except that the Director of the
Office of Government Ethics shall review only those reports required to
be transmitted to him under this title [5 U.S.C. App. 4 Sec. 101 et
seq.] within sixty days after the date of transmittal.
(2) Each congressional ethics committee and the Judicial Conference
shall make provisions to ensure that each report filed under this title
[5 U.S.C. App. 4 Sec. 101 et seq.] is reviewed within sixty days after
the date of such filing.
(b)(1) If after reviewing any report under subsection (a), the Director
of the Office of Government Ethics, the Secretary concerned, the
designated agency ethics official, a person designated by the
congressional ethics committee, or a person designated by the Judicial
Conference, as the case may be, is of the opinion that on the basis of
information contained in such report the individual submitting such
report is in compliance with applicable laws and regulations, he shall
state such opinion on the report, and shall sign such report.
(2) If the Director of the Office of Government Ethics, the Secretary
concerned, the designated agency ethics official, a person designated
by the congressional ethics committee, or a person designated by the
Judicial Conference, after reviewing any report under subsection (a)--
(A) believes additional information is required to be submitted, he
shall notify the individual submitting such report what additional
information is required and the time by which it must be submitted, or
(B) is of the opinion, on the basis of information submitted, that the
individual is not in compliance with applicable laws and regulations,
he shall notify the individual, afford a reasonable opportunity for a
written or oral response, and after consideration of such response,
reach an opinion as to whether or not, on the basis of information
submitted, the individual is in compliance with such laws and
regulations.
(3) If the Director of the Office of Government Ethics, the Secretary
concerned, the designated agency ethics official, a person designated
by a congressional ethics committee, or a person designated by the
Judicial Conference, reaches an opinion under paragraph (2)(B) that an
individual is not in compliance with applicable laws and regulations,
the official or committee shall notify the individual of that opinion
and, after an opportunity for personal consultation (if practicable),
determine and notify the individual of which steps, if any, would in
the opinion of such official or committee be appropriate for assuring
compliance with such laws and regulations and the date by which such
steps should be taken. Such steps may include, as appropriate--
(A) divestiture,
(B) restitution,
(C) the establishment of a blind trust,
(D) request for an exemption under section 208(b) of title 18, United
States Code, or
(E) voluntary request for transfer, reassignment, limitation of duties,
or resignation.
The use of any such steps shall be in accordance with such rules or
regulations as the supervising ethics office may prescribe.
(4) If steps for assuring compliance with applicable laws and
regulations are not taken by the date set under paragraph (3) by an
individual in a position in the executive branch (other than in the
Foreign Service or the uniformed services), appointment to which
requires the advice and consent of the Senate, the matter shall be
referred to the President for appropriate action.
(5) If steps for assuring compliance with applicable laws and
regulations are not taken by the date set under paragraph (3) by a
member of the Foreign Service or the uniformed services, the Secretary
concerned shall take appropriate action.
(6) If steps for assuring compliance with applicable laws and
regulations are not taken by the date set under paragraph (3) by any
other officer or employee, the matter shall be referred to the head of
the appropriate agency, the congressional ethics committee, or the
Judicial Conference, for appropriate action; except that in the case of
the Postmaster General or Deputy Postmaster General, the Director of
the Office of Government Ethics shall recommend to the Governors of the
Board of Governors of the United States Postal Service the action to be
taken.
(7) Each supervising ethics office may render advisory opinions
interpreting this title [5 U.S.C. App. 4 Sec. 101 et seq.] within its
respective jurisdiction. Notwithstanding any other provision of law,
the individual to whom a public advisory opinion is rendered in
accordance with this paragraph, and any other individual covered by
this title [5 U.S.C. App. 4 Sec. 101 et seq.] who is involved in a fact
situation which is indistinguishable in all material aspects, and who
acts in good faith in accordance with the provisions and findings of
such advisory opinion shall not, as a result of such act, be subject to
any penalty or sanction provided by this title [5 U.S.C. App. 4
Sec. 101 et seq.].
(Oct. 26, 1978, Pub.L. 95-521, title II, Sec. 106; as amended Nov. 30,
1989, Pub.L. 101-194, title II, Sec. 202, 103 Stat. 1739; May 4, 1990,
Pub.L. 101-280, Sec. 3(1), (7), 104 Stat. 152, 155.)
5 U.S.C. App. 4 Sec. 107. Confidential Reports and Other Additional
Requirements.
(a)(1) Each supervising ethics office may require officers and
employees under its jurisdiction (including special Government
employees as defined in section 202 of title 18, United States Code) to
file confidential financial disclosure reports, in such form as the
supervising ethics office may prescribe. The information required to be
reported under this subsection by the officers and employees of any
department or agency shall be set forth in rules or regulations
prescribed by the supervising ethics office, and may be less extensive
than otherwise required by this title [5 U.S.C. App. 4 Sec. 101 et
seq.], or more extensive when determined by the supervising ethics
office to be necessary and appropriate in light of sections 202 through
209 of title 18, United States Code, regulations promulgated
thereunder, or the authorized activities of such officers or employees.
Any individual required to file a report pursuant to section 101 [5
U.S.C. App. 4 Sec. 101] shall not be required to file a confidential
report pursuant to this subsection, except with respect to information
which is more extensive than information otherwise required by this
title [5 U.S.C. App. 4 Sec. 101 et seq.]. Subsections (a), (b), and (d)
of section 105 [5 U.S.C. App. 4 Sec. 105 (a), (b), (d)] shall not apply
with respect to any such report.
(2) Any information required to be provided by an individual under this
subsection shall be confidential and shall not be disclosed to the
public.
(3) Nothing in this subsection exempts any individual otherwise covered
by the requirement to file a public financial disclosure report under
this title [5 U.S.C. App. 4 Sec. 101 et seq.] from such requirement.
(b) The provisions of this title [5 U.S.C. App. 4 Sec. 101 et seq.]
requiring the reporting of information shall supersede any general
requirement under any other provision of law or regulation with respect
to the reporting of information required for purposes of preventing
conflicts of interest or apparent conflicts of interest. Such
provisions of this title [5 U.S.C. App. 4 Sec. 101 et seq.] shall not
supersede the requirements of section 7342 of title 5, United States
Code.
(c) Nothing in this Act requiring reporting of information shall be
deemed to authorize the receipt of income, gifts, or reimbursements;
the holding of assets, liabilities, or positions; or the participation
in transactions that are prohibited by law, Executive order, rule, or
regulation.
(Oct. 26, 1978, Pub.L. 95-521, title II, Sec. 107.) (As amended June
13, 1979, Pub.L. 96-19, Sec. 9 (d), (g), 93 Stat. 42, 43; Nov. 30,
1989, Pub.L. 101-194, title II, Sec. 202, 103 Stat. 1740.)
5 U.S.C. App. 4 Sec. 108. Authority of Comptroller General.
(a) The Comptroller General shall have access to financial disclosure
reports filed under this title [5 U.S.C. App. 4 Sec. 101 et seq.] for
the purpose of carrying out his statutory responsibilities.
(b) No later than December 31, 1992, and regularly thereafter, the
Comptroller General shall conduct a study to determine whether the
provisions of this title are being carried out effectively.
(Oct. 26, 1978, Pub.L. 95-521, title II, Sec. 108.) (As amended June
13, 1979, Pub.L. 96-19, Sec. 9 (t), 93 Stat. 44; Nov. 30, 1989, Pub.L.
101-194, title II, Sec. 202, 103 Stat. 1741.)
5 U.S.C. App. 4 Sec. 109. Definitions.
For the purposes of this title [5 U.S.C. App. 4 Sec. 101 et seq.], the
term--
(1) ``congressional ethics committees'' means the Select Committee on
Ethics of the Senate and the Committee on Standards of Official Conduct
of the House of Representatives;
(2) ``dependent child'' means, when used with respect to any reporting
individual, any individual who is a son, daughter, stepson, or
stepdaughter and who--
(A) is umarried and under age 21 and is living in the household of such
reporting individual; or
(B) is a dependent of such reporting individual within the meaning of
section 152 of the Internal Revenue Code of 1986 [26 U.S.C. Sec. 152];
(3) ``designated agency ethics official'' means an officer or employee
who is designated to administer the provisions of this title within an
agency;
(4) ``executive branch'' includes each Executive agency (as defined in
section 105 of title 5, United States Code), other than the General
Accounting Office, and any other entity or administrative unit in the
executive branch;
(5) ``gift'' means a payment, advance, forbearance, rendering, or
deposit of money, or any thing of value, unless consideration of equal
or greater value is received by the donor, but does not include--
(A) bequest and other forms of inheritance;
(B) suitable mementos of a function honoring the reporting individual;
(C) food, lodging, transportation, and entertainment provided by a
foreign government within a foreign country or by the United States
Government, the District of Columbia, or a State or local government or
political subdivision thereof;
(D) food and beverages which are not consumed in connection with a gift
of overnight lodging;
(E) communications to the offices of a reporting individual, including
subscriptions to newspapers and periodicals; or
(F) consumable products provided by home-State businesses to the
offices of a reporting individual who is an elected official, if those
products are intended for consumption by persons other than such
reporting individual;
(6) ``honoraria'' has the meaning given such term in section 505 of
this Act [5 U.S.C. App. 4 Sec. 505];
(7) ``income'' means all income from whatever source derived, including
but not limited to the following items: compensation for services,
including fees, commissions, and similar items; gross income derived
from business (and net income if the individual elects to include it);
gains derived from dealings in property; interest; rents; royalties;
dividends; annuities; income from life insurance and endowment
contracts; pensions; income from discharge of indebtedness;
distributive share of partnership income; and income from an interest
in an estate or trust;
(8) ``judicial employee'' means any employee of the judicial branch of
the Government, of the United States Sentencing Commission, of the Tax
Court, of the Court of Federal Claims, of the Court of Appeals for
Veterans Claims, or of the United States Court of Appeals for the Armed
Forces, who is not a judicial officer and who is authorized to perform
adjudicatory functions with respect to proceedings in the judicial
branch, or who occupies a position for which the rate of basic pay is
equal to or greater than 120 percent of the minimum rate of basic pay
payable for GS-15 of the General Schedule;
(9) ``Judicial Conference'' means the Judicial Conference of the United
States;
(10) ``judicial officer'' means the Chief Justice of the United States,
the Associate Justices of the Supreme Court, and the judges of the
United States courts of appeals, United States district courts,
including the district courts in Guam, the Northern Mariana Islands,
and the Virgin Islands, Court of Appeals for the Federal Circuit, Court
of International Trade, Tax Court, Court of Federal Claims, Court of
Appeals for Veterans Claims, United States Court of Appeals for the
Armed Forces, and any court created by Act of Congress, the judges of
which are entitled to hold office during good behavior;
(11) ``legislative branch'' includes--
(A) the Architect of the Capitol;
(B) the Botanic Gardens;
(C) the Congressional Budget Office;
(D) the General Accounting Office;
(E) the Government Printing Office;
(F) the Library of Congress;
(G) the United States Capitol Police;
(H) the Office of Technology Assessment; and
(I) any other agency, entity, office, or commission established in the
legislative branch;
(12) ``Member of Congress'' means a United States Senator, a
Representative in Congress, a Delegate to Congress, or the Resident
Commissioner from Puerto Rico;
(13) ``officer or employee of the Congress'' means--
(A) any individual described under subparagraph (B), other than a
Member of Congress or the Vice President, whose compensation is
disbursed by the Secretary of the Senate or the Chief Administrative
Officer of the House of Representatives;
(B)(i) each officer or employee of the legislative branch who, for at
least 60 days, occupies a position for which the rate of basic pay is
equal to or greater than 120 percent of the minimum rate of basic pay
payable for GS-15 of the General Schedule; and
(ii) at least one principal assistant designated for purposes of this
paragraph by each Member who does not have an employee who occupies a
position for which the rate of basic pay is equal to or greater than
120 percent of the minimum rate of basic pay payable for GS-15 of the
General Schedule;
(14) ``personal hospitality of any individual'' means hospitality
extended for a nonbusiness purpose by an individual, not a corporation
or organization, at the personal residence of that individual or his
family or on property or facilities owned by that individual or his
family;
(15) ``reimbursement'' means any payment or other thing of value
received by the reporting individual, other than gifts, to cover
travel-related expenses of such individual other than those which are--
(A) provided by the United States Government, the District of Columbia,
or a State or local government or political subdivision thereof;
(B) required to be reported by the reporting individual under section
7342 of title 5, United States Code; or
(C) required to be reported under section 304 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434);
(16) ``relative'' means an individual who is related to the reporting
individual, as father, mother, son, daughter, brother, sister, uncle,
aunt, great aunt, great uncle, first cousin, nephew, niece, husband,
wife, grandfather, grandmother, grandson, granddaughter, father-in-law,
mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-
law, stepfather, stepmother, stepson, stepdaughter, stepbrother,
stepsister, half brother, half sister, or who is the grandfather or
grandmother of the spouse of the reporting individual, and shall be
deemed to include the fiance or fiancee of the reporting individual;
(17) ``Secretary concerned'' has the meaning set forth in section
101(a)(9) of title 10, United States Code, and, in addition, means--
(A) the Secretary of Commerce, with respect to matters concerning the
National Oceanic and Atmospheric Administration;
(B) the Secretary of Health and Human Services, with respect to matters
concerning the Public Health Service; and
(C) the Secretary of State, with respect to matters concerning the
Foreign Service;
(18) ``supervising ethics office'' means--
(A) the Select Committee on Ethics of the Senate, for Senators,
officers and employees of the Senate, and other officers or employees
of the legislative branch required to file financial disclosure reports
with the Secretary of the Senate pursuant to section 103(h) of this
title [5 U.S.C. App. 4 Sec. 103(h)1;
(B) the Committee on Standards of Official Conduct of the House of
Representatives, for Members, officers and employees of the House of
Representatives and other officers or employees of the legislative
branch required to file financial disclosure reports with the Clerk of
the House of Representatives pursuant to section 103(h) of this title
[5 U.S.C. App. 4 Sec. 103(h)];
(C) the Judicial Conference for judicial officers and judicial
employees; and
(D) the Office of Government Ethics for all executive branch officers
and employees; and
(19) ``value'' means a good faith estimate of the dollar value if the
exact value is neither known nor easily obtainable by the reporting
individual.
(Pub.L. 95-521, Title I, Sec. 109, Oct. 26, 1978, 92 Stat. 1836; Pub.L.
101-194, Title II, Sec. 202, Nov. 30, 1989, 103 Stat. 1741; Pub.L. 101-
280, Sec. 3(1), (8), May 4, 1990, 104 Stat. 152, 155; Pub.L. 102-378,
Sec. 4(a)(2), Oct. 2, 1992, 106 Stat. 1357; Pub.L. 102-572, Title IX,
Sec. 902(b)(2), Oct. 29, 1992, 106 Stat. 4516; Pub.L. 103-160, Div. A,
Title XI, Sec. 1182(d)(3), Nov. 30, 1993, 107 Stat. 1773; Pub.L. 103-
337, Div. A, Title IX, Sec. 924(d)(3), Oct. 5, 1994, 108 Stat. 2832;
Pub.L. 104-186, Title II, Sec. 216(2), Aug. 20, 1996, 110 Stat. 1747.)
5 U.S.C. App. 4 Sec. 110. Notice of Actions Taken To Comply With Ethics
Agreements.
(a) In any case in which an individual agrees with that individual's
designated agency ethics official, the Office of Government Ethics, a
Senate confirmation committee, a congressional ethics committee, or the
Judicial Conference, to take any action to comply with this Act or any
other law or regulation governing conflicts of interest of, or
establishing standards of conduct applicable with respect to, officers
or employees of the Government, that individual shall notify in writing
the designated agency ethics official, the Office of Government Ethics,
the appropriate committee of the Senate, the congressional ethics
committee, or the Judicial Conference, as the case may be, of any
action taken by the individual pursuant to that agreement. Such
notification shall be made not later than the date specified in the
agreement by which action by the individual must be taken, or not later
than three months after the date of the agreement, if no date for
action is so specified.
(b) If an agreement described in subsection (a) requires that the
individual recuse himself or herself from particular categories of
agency or other official action, the individual shall reduce to writing
those subjects regarding which the recusal agreement will apply and the
process by which it will be determined whether the individual must
recuse himself or herself in a specific instance. An individual shall
be considered to have complied with the requirements of subsection (a)
with respect to such recusal agreement if such individual files a copy
of the document setting forth the information described in the
preceding sentence with such individual's designated agency ethics
official or the appropriate supervising ethics office within the time
prescribed in the last sentence of subsection (a).
(Oct. 26, 1978, Pub.L. 95-521, title I, Sec. 110, as added Nov. 30,
1989, Pub.L. 101-194, title II, Sec. 202, 103 Stat. 1744; as amended
May 4, 1990, Pub.L. 101-280, Sec. 3(1), 104 Stat. 152.)
5 U.S.C. App. 4 Sec. 111. Administration of Provisions.
The provisions of this title [5 U.S.C. App. 4 Sec. 101 et seq.] shall
be administered by--
(1) the Director of the Office of Government Ethics, the designated
agency ethics official, or the Secretary concerned, as appropriate,
with regard to officers and employees described in paragraphs (1)
through (8) of section 101(f) [5 U.S.C. App. Sec. 101(f) (1)-(8)];
(2) the Select Committee on Ethics of the Senate and the Committee on
Standards of Official Conduct of the House of Representatives, as
appropriate, with regard to officers and employees described in
paragraphs (9) and (10) of section 101(f) [5 U.S.C. App. 4 Sec. 101(f)
(9), (10)]; and
(3) the Judicial Conference in the case of an officer or employee
described in paragraphs (11) and (12) of section 101(f) [5 U.S.C. App.
4 Sec. 101(f) (11), (12)]. The Judicial Conference may delegate any
authority it has under this title [5 U.S.C. App. 4 Sec. 101 et seq.] to
an ethics committee established by the Judicial Conference.
(Oct. 26, 1978, Pub.L. 95-521, title I, Sec. 111, as added Nov. 30,
1989, Pub.L. 101-194, title II, Sec. 202, 103 Stat. 1744; as amended
May 4, 1990, Pub.L. 101-280, Sec. 3 (1), (9), 104 Stat. 152, 157.)
F. Political Activities: Federal Employees (Title 5, United States
Code; Including Selected Provisions of the Hatch Act)
5 U.S.C. Sec. 7321. Political participation
It is the policy of the Congress that employees should be encouraged to
exercise fully, freely, and without fear of penalty or reprisal, and to
the extent not expressly prohibited by law, their right to participate
or to refrain from participating in the political processes of the
Nation. (Added Pub.L. 103-94, Sec. 2(a), Oct. 6, 1993, 107 Stat. 1001.)
5 U.S.C. Sec. 7322. Definitions
For the purpose of this subchapter--
(1) ``employee'' means any individual, other than the President and the
Vice President, employed or holding office in--
(A) an Executive agency other than the General Accounting Office;
(B) a position within the competitive service which is not in an
Executive agency; or
(C) the government of the District of Columbia, other than the Mayor or
a member of the City Council or the Recorder of Deeds;
but does not include a member of the uniformed services;
(2) ``partisan political office'' means any office for which any
candidate is nominated or elected as representing a party any of whose
candidates for Presidential elector received votes in the last
preceding election at which Presidential electors were selected, but
shall exclude any office or position within a political party or
affiliated organization; and
(3) ``political contribution''--
(A) means any gift, subscription, loan, advance, or deposit of money or
anything of value, made for any political purpose;
(B) includes any contract, promise, or agreement, express or implied,
whether or not legally enforceable, to make a contribution for any
political purpose;
(C) includes any payment by any person, other than a candidate or a
political party or affiliated organization, of compensation for the
personal services of another person which are rendered to any candidate
or political party or affiliated organization without charge for any
political purpose; and
(D) includes the provision of personal services for any political
purpose. (Added Pub.L. 103-94, Sec. 2(a), Oct. 6, 1993, 107 Stat.
1001.)
5 U.S.C. Sec. 7323. Political activity authorized; prohibitions
(a) Subject to the provisions of subsection (b), an employee may take
an active part in political management or in political campaigns,
except an employee may not--
(1) use his official authority or influence for the purpose of
interfering with or affecting the result of an election;
(2) knowingly solicit, accept, or receive a political contribution from
any person, unless such person is--
(A) a member of the same Federal labor organization as defined under
section 7103(4) of this title or a Federal employee organization which
as of the date of enactment of the Hatch Act Reform Amendments of 1993
had a multicandidate political committee (as defined under section
315(a)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a(a)(4)));
(B) not a subordinate employee; and
(C) the solicitation is for a contribution to the multicandidate
political committee (as defined under section 315(a)(4) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 441a(a)(4)) of such Federal
labor organization as defined under section 7103(4) of this title or a
Federal employee organization which as of the date of the enactment of
the Hatch Act Reform Amendments of 1993 had a multicandidate political
committee (as defined under section 315(a)(4) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a(a)(4)); or
(3) run for the nomination or as a candidate for election to a partisan
political office; or
(4) knowingly solicit or discourage the participation in any political
activity or any person who--
(A) has an application for any compensation, grant, contract, ruling,
license, permit, or certificate pending before the employing office of
such employee; or
(B) is the subject of or a participant in an ongoing audit,
investigation, or enforcement action being carried out by the employing
office of such employee.
(b)(1) An employee of the Federal Election Commission (except one
appointed by the President, by and with the advice and consent of the
Senate), may not request or receive from, or give to, an employee, a
Member of Congress, or an officer of a uniformed service a political
contribution.
(2)(A) No employee described under subparagraph (B) (except one
appointed by the President by and with the advice and consent of the
Senate), may take an active part in political management or political
campaigns.
(B) The provisions of subparagraph (A) shall apply to--
(i) an employee of--
(I) the Federal Election Commission;
(II) the Federal Bureau of Investigation;
(III) the Secret Service;
(IV) the Central Intelligence Agency;
(V) the National Security Council;
(VI) the National Security Agency;
(VII) the Defense Intelligence Agency;
(VIII) the Merit Systems Protection Board;
(IX) the Office of Special Counsel;
(X) the Office of Criminal Investigation of the Internal Revenue
Service;
(XI) the Office of Investigative Programs of the United States Customs
Service;
(XII) the Office of Law Enforcement of the Bureau of Alcohol, Tobacco,
and Firearms; or
(XIII) the National Imagery and Mapping Agency; or
(ii) a person employed in a position described under section
3132(a)(4), 5372, or 5372a of title 5, United States Code.
(3) No employee of the Criminal Division of the Department of Justice
(except one appointed by the President, by and with the advice and
consent of the Senate), may take an active part in political management
or political campaigns.
(4) For purposes of this subsection, the term ``active part in
political management or in a political campaign'' means those acts of
political management or political campaigning which were prohibited for
employees of the competitive service before July 19, 1940, by
determinations of the Civil Service Commission under the rules
prescribed by the President.
(c) An employee retains the right to vote as he chooses and to express
his opinion on political subjects and candidates. (Added Pub.L. 103-94,
Sec. 2(a), Oct. 6, 1993, 107 Stat. 1002, and amended Pub.L. 103-359,
Title V, Sec. 501(k), Oct. 14, 1994, 108 Stat. 3430; Pub.L. 104-201,
Div. A, Title XI, Sec. 1122(a)(1), Sept. 23, 1996, 110 Stat. 2687.)
5 U.S.C. Sec. 7324. Political activities on duty; prohibition
(a) An employee may not engage in political activity--
(1) while the employee is on duty;
(2) in any room or building occupied in the discharge of official
duties by an individual employed or holding office in the Government of
the United States or any agency or instrumentality thereof;
(3) while wearing a uniform or official insignia identifying the office
or position of the employee; or
(4) using any vehicle owned or leased by the Government of the United
States or any agency or instrumentality thereof.
(b)(1) An employee described in paragraph (2) of this subsection may
engage in political activity otherwise prohibited by subsection (a) if
the costs associated with that political activity are not paid for by
money derived from the Treasury of the United States.
(2) Paragraph (1) applies to an employee--
(A) the duties and responsibilities of whose position continue outside
normal duty hours and while away from the normal duty post; and
(B) who is--
(i) an employee paid from an appropriation for the Executive Office of
the President; or
(ii) an employee appointed by the President, by and with the advice and
consent of the Senate, whose position is located within the United
States, who determines policies to be pursued by the United States in
relations with foreign powers or in the nationwide administration of
Federal laws. (Added Pub.L. 103-94, Sec. 2(a), Oct. 6, 1993, 107 Stat.
1003.)
5 U.S.C. Sec. 7325. Political activity permitted; employees residing in
certain municipalities
The Office of Personnel Management may prescribe regulations permitting
employees, without regard to the prohibitions in paragraphs (2) and (3)
of section 7323(a) and paragraph (2) of section 7323(b) of this title,
to take an active part in political management and political campaigns
involving the municipality or other political subdivision in which they
reside, to the extent the Office considers it to be in their domestic
interest, when--
(1) the municipality or political subdivision is in Maryland or
Virginia and in the immediate vicinity of the District of Columbia, or
is a municipality in which the majority of voters are employed by the
Government of the United States; and
(2) the Office determines that because of special or unusual
circumstances which exist in the municipality or political subdivision
it is in the domestic interest of the employees and individuals to
permit that political participation. (Added Pub.L. 103-94, Sec. 2(a),
Oct. 6, 1993, 107 Stat. 1004, and amended Pub.L. 104-93, Title III,
Sec. 308, Jan. 6, 1996, 109 Stat. 966.)
5 U.S.C. Sec. 7326. Penalties
An employee or individual who violates section 7323 or 7324 of this
title shall be removed from his position, and funds appropriated for
the position from which removed thereafter may not be used to pay the
employee or individual. However, if the Merit System Protection Board
finds by unanimous vote that the violation does not warrant removal, a
penalty of not less than 30 days' suspension without pay shall be
imposed by direction of the Board. (Added Pub.L. 103-94, Sec. 2(a),
Oct. 6, 1993, 107 Stat. 1004.)
5 U.S.C. Sec. 7351. Gifts to Superiors.
(a) An employee may not--
(1) solicit a contribution from another employee for a gift to an
official superior;
(2) make a donation as a gift or give a gift to an official superior;
or
(3) accept a gift from an employee receiving less pay than himself.
(b) An employee who violates this section shall be subject to
appropriate disciplinary action by the employing agency or entity.
(c) Each supervising ethics office (as defined in section 7353(d)(1))
is authorized to issue regulations implementing this section, including
regulations exempting voluntary gifts or contributions that are given
or received for special occasions such as marriage or retirement or
under other circumstances in which gifts are traditionally given or
exchanged.
(Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 527; as amended Pub.L. 101-194,
title III, Sec. 301, Nov. 30, 1989, 103 Stat. 1745; Pub.L. 101-280,
Sec. 4(a), May 4, 1990, 104 Stat. 157.)
G. Political Activities: State and Local Employees (Title 5, United
States Code)
5 U.S.C. Sec. 1501. Definitions.
For the purpose of this chapter--
(1) ``State'' means a State or territory or possession of the United
States;
(2) ``State or local agency'' means the executive branch of a State,
municipality, or other political subdivision of a State, or an agency
or department thereof;
(3) ``Federal agency'' means an Executive agency or other agency of the
United States, but does not include a member bank of the Federal
Reserve System; and
(4) ``State or local officer or employee'' means an individual employed
by a State or local agency whose principal employment is in connection
with an activity which is financed in whole or in part by loans or
grants made by the United States or a Federal agency, but does not
include--
(A) an individual who exercises no functions in connection with that
activity; or
(B) an individual employed by an educational or research institution,
establishment, agency or system which is supported in whole or in part
by a State or political subdivision thereof, or by a recognized
religious, philanthropic, or cultural organization.
(Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 403; Pub.L. 93-443, title IV,
Sec. 401(c), Oct. 15, 1974, 88 Stat. 1290.)
5 U.S.C. Sec. 1502. Influencing Elections; Taking Part in Political
Campaigns; Prohibitions; Exceptions.
(a) A State or local officer or employee may not--
(1) use his official authority or influence for the purpose of
interfering with or affecting the result of an election or a nomination
for office;
(2) directly or indirectly coerce, attempt to coerce, command, or
advise a State or local officer or employee to pay, lend, or contribute
anything of value to a party, committee, organization, agency, or
person for political purposes; or
(3) be a candidate for elective office.
(b) A State or local officer or employee retains the right to vote as
he chooses and to express his opinions on political subjects and
candidates.
(c) Subsection (a)(3) of this section does not apply to--
(1) the Governor or Lieutenant Governor of a State or an individual
authorized by law to act as Governor;
(2) the mayor of a city;
(3) a duly elected head of an executive department of a State or
municipality who is not classified under a State or municipal merit or
civil service system; or
(4) an individual holding elective office.
(Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 404; Pub.L. 93-443, title IV,
Sec. 401(a), Oct. 15, 1974, 88 Stat. 1290.)
5 U.S.C. Sec. 1503. Nonpartisan Candidacies Permitted.
Section 1502(a)(3) of this title does not prohibit any State or local
officer or employee from being a candidate in any election if none of
the candidates is to be nominated or elected at such election as
representing a party any of whose candidates for presidential elector
received votes in the last preceding election at which presidential
electors were selected.
(Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 404; Pub.L. 93-443, title IV,
Sec. 401(b)(1), Oct. 15, 1974, 88 Stat. 1290.)
5 U.S.C. Sec. 1504. Investigations; Notice of Hearing.
When a Federal agency charged with the duty of making a loan or grant
of funds of the United States for use in an activity by a State or
local officer or employee has reason to believe that the officer or
employee has violated section 1502 of this title, it shall report the
matter to the Special Counsel. On receipt of the report, or on receipt
of other information which seems to the Special Counsel to warrant an
investigation, the Special Counsel shall investigate the report and
such other information and present his findings and any charges based
on such findings to the Merit Systems Protection Board, which shall--
(1) fix a time and place for a hearing; and
(2) send, by registered or certified mail, to the officer or employee
charged with the violation and to the State or local agency employing
him a notice setting forth a summary of the alleged violation and
giving the time and place of the hearing.
The hearing may not be held earlier than 10 days after the mailing of
the notice.
(Pub.L. 89-544, Sept. 6, 1966, 80 Stat. 405; Pub.L. 95-454, title IX,
Sec. 906(a)(7), Oct. 13, 1978, 92 Stat. 1225.)
5 U.S.C. Sec. 1505. Hearings; Adjudications; Notice of Determinations.
Either the State or local officer or employee or the State or local
agency employing him, or both, are entitled to appear with counsel at
the hearing under section 1504 of this title, and be heard. After this
hearing, the Merit Systems Protection Board shall--
(1) determine whether a violation of section 1502 of this title has
occurred;
(2) determine whether the violation warrants the removal of the officer
or employee from his office or employment; and
(3) notify the officer or employee and the agency of the determination
by registered or certified mail.
(Pub.L. 89-544, Sept. 6, 1966, 80 Stat. 405; Pub.L. 95-454, title IX,
Sec. 906(a)(6), Oct. 13, 1978, 92 Stat. 1225.)
5 U.S.C. Sec. 1506. Orders; Withholding Loans or Grants; Limitations.
(a) When the Merit Systems Protection Board finds--
(1) that a State or local officer or employee has not been removed from
his office or employment within 30 days after notice of a determination
by the Board that he has violated section 1502 of this title and that
the violation warrants removal; or
(2) that the State or local officer or employee has been removed and
has been appointed within 18 months after his removal to an office or
employment in the same State in a State or local agency which does not
receive loans or grants from a Federal agency;
the Board shall make and certify to the appropriate Federal agency an
order requiring that agency to withhold from its loans or grants to the
State or local agency to which notice was given an amount equal to 2
years' pay at the rate the officer or employee was receiving at the
time of the violation. When the State or local agency to which
appointment within 18 months after removal has been made is one that
receives loans or grants from a Federal agency, the Board order shall
direct that the withholding be made from that State or local agency.
(b) Notice of the order shall be sent by registered or certified mail
to the State or local agency from which the amount is ordered to be
withheld. After the order becomes final, the Federal agency to which
the order is certified shall withhold the amount in accordance with the
terms of the order. Except as provided by section 1508 of this title, a
determination or order of the Board becomes final at the end of 30 days
after mailing the notice of the determination or order.
(c) The Board may not require an amount to be withheld from a loan or
grant pledged by a State or local agency as security for its bonds or
notes if the withholding of that amount would jeopardize the payment of
the principal or interest on the bonds or notes.
(Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 405; Pub.L. 95-454, title IX,
Sec. 906(a)(6), Oct. 13, 1978, 92 Stat. 1225.)
5 U.S.C. Sec. 1507. Subpenas and Depositions.
(a) The Merit Systems Protection Board may require by subpena the
attendance and testimony of witnesses and the production of documentary
evidence relating to any matter before it as a result of this chapter.
Any member of the Board may sign subpenas, and members of the Board and
its examiners when authorized by the Board may administer oaths,
examine witnesses, and receive evidence. The attendance of witnesses
and the production of documentary evidence may be required from any
place in the United States at the designated place of hearing. In case
of disobedience to a subpena, the Board may invoke the aid of a court
of the United States in requiring the attendance and testimony of
witnesses and the production of documentary evidence. In case of
contumacy or refusal to obey a subpena issued to a person, the United
States District Court within whose jurisdiction the inquiry is carried
on may issue an order requiring him to appear before the Board, or to
produce documentary evidence if so ordered, or to give evidence
concerning the matter in question; and any failure to obey the order of
the court may be punished by the court as a contempt thereof.
(b) The Board may order testimony to be taken by deposition at any
stage of a proceeding or investigation before it as a result of this
chapter. Depositions may be taken before an individual designated by
the Board and having the power to administer oaths. Testimony shall be
reduced to writing by the individual taking the deposition, or under
his direction, and shall be subscribed by the deponent. Any person may
be compelled to appear and depose and to produce documentary evidence
before the Board as provided by this section.
(c) A person may not be excused from attending and testifying or from
producing documentary evidence or in obedience to a subpena on the
ground that the testimony or evidence, documentary or otherwise,
required of him may tend to incriminate him or subject him to a penalty
or forfeiture for or on account of any transaction, matter, or thing
concerning which he is compelled to testify, or produce evidence,
documentary or otherwise, before the Board in obedience to a subpena
issued by it. A person so testifying is not exempt from prosecution and
punishment for perjury committed in so testifying.
(Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 406; Pub.L. 95-454, title IX,
Sec. 906(a)(6), Oct. 13, 1978, 92 Stat. 1225.)
5 U.S.C. Sec. 1508. Judicial Review.
A party aggrieved by a determination or order of the Merit Systems
Protection Board under section 1504, 1505, or 1506 of this title may,
within 30 days after the mailing of notice of the determination or
order, institute proceedings for review thereof by filing a petition in
the United States District Court for the district in which the State or
local officer or employee resides. The institution of the proceedings
does not operate as a stay of the determination or order unless--
(1) the court specifically orders a stay; and
(2) the officer or employee is suspended from his office or employment
while the proceedings are pending.
A copy of the petition shall immediately be served on the Board and
thereupon the Board shall certify and file in the court a transcript of
the record on which the determination or order was made. The court
shall review the entire record including questions of fact and
questions of law. If application is made to the court for leave to
adduce additional evidence, and it is shown to the satisfaction of the
court that the additional evidence may materially affect the result of
the proceedings and that there were reasonable grounds for failure to
adduce this evidence in the hearing before the Board the court may
direct that the additional evidence be taken before the Board in the
manner and on the terms and conditions fixed by the court. The Board
may modify its findings of fact or its determination or order in view
of the additional evidence and shall file with the court the modified
findings, determination, or order; and the modified findings of fact,
if supported by substantial evidence, are conclusive. The court shall
affirm the determination or order, or the modified determination or
order, if the court determines that it is in accordance with the law.
If the court determines that the determination or order or the modified
determination or order, is not in accordance with law, the court shall
remand the proceeding to the Board with directions either to make a
determination or order determined by the court to be lawful or to take
such further proceedings as, in the opinion of the court, the law
requires. The judgment and decree of the court are final, subject to
review by the appropriate United States Court of Appeals as in other
cases, and the judgment and decree of the court of appeals are final,
subject to review by the Supreme Court of the United States on
certiorari or certification as provided by section 1254 of title 28. If
a provision of this section is held to be invalid as applied to a party
by a determination or order of the Board, the determination or order
becomes final and effective as to that party as if the provision had
not been enacted.
(Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 406; Pub.L. 95-454, title IX,
Sec. 906(a)(6), Oct. 13, 1978, 92 Stat. 1225.)
H. Criminal Code Provisions (Title 18, United States Code)
CHAPTER 11--BRIBERY, GRAFT, AND CONFLICTS OF INTEREST
18 U.S.C. Sec. 203. Compensation to Members of Congress, Officers, and
Others in Matters Affecting the Government.
(a) Whoever, otherwise than as provided by law for the proper discharge
of official duties, directly or indirectly--
(1) demands, seeks, receives, accepts, or agrees to receive or accept
any compensation for any representational services, as agent or
attorney or otherwise, rendered or to be rendered either personally or
by another--
(A) at a time when such person is a Member of Congress, Member of
Congress Elect, Delegate, Delegate Elect, Resident Commissioner, or
Resident Commissioner Elect; or
(B) at a time when such person is an officer or employee or Federal
judge of the United States in the executive, legislative, or judicial
branch of the Government, or in any agency of the United States, in
relation to any proceeding, application, request for a ruling or other
determination, contract, claim, controversy, charge, accusation, arrest
or other particular matter in which the United States is a party or has
a direct and substantial interest, before any department, agency,
court, court-martial, officer, or any civil, military, or naval
commission; or
(2) knowingly gives, promises, or offers any compensation for any such
representational services rendered or to be rendered at a time when the
person to whom the compensation is given, promised, or offered, is or
was such a Member, Member Elect, Delegate, Delegate Elect,
Commissioner, Commissioner Elect, Federal judge, officer, or employee;
shall be subject to the penalties set forth in section 216 of this
title.
(b) Whoever, otherwise than as provided by law for the proper discharge
of official duties, directly or indirectly--
(1) demands, seeks, receives, accepts, or agrees to receive or accept
any compensation for any representational services, as agent or
attorney or otherwise, rendered or to be rendered either personally or
by another, at a time when such person is an officer or employee of the
District of Columbia, in relation to any proceeding, application,
request for a ruling or other determination, contract, claim,
controversy, charge, accusation, arrest, or other particular matter in
which the District of Columbia is a party or has a direct and
substantial interest, before any department, agency, court, officer, or
commission; or
(2) knowingly gives, promises, or offers any compensation for any such
representational services rendered or to be rendered at a time when the
person to whom the compensation is given, promised, or offered, is or
was an officer or employee of the District of Columbia; shall be
subject to the penalties set forth in section 216 of this title.
(c) A special Government employee shall be subject to subsections (a)
and (b) only in relation to a particular matter involving a specific
party or parties--
(1) in which such employee has at any time participated personally and
substantially as a Government employee or as a special Government
employee through decision, approval, disapproval, recommendation, the
rendering of advice, investigation or otherwise; or
(3) which is pending in the department or agency of the Government in
which such employee is serving except that paragraph (2) of this
subsection shall not apply in the case of a special Government employee
who has served in such department or agency no more than sixty days
during the immediately preceding period of three hundred and sixty five
consecutive days.
(d) Nothing in this section prevents an officer or employee, including
a special Government employee, from acting, with or without
compensation, as agent or attorney for or otherwise representing his
parents, spouse, child, or any person for whom, or for any estate for
which, he is serving as guardian, executor, administrator, trustee, or
other personal fiduciary except--
(1) in those matters in which he has participated personally and
substantially as a Government employee as a special Government employee
through decision, approval, disapproval, recommendation, the rendering
of advice, investigation, or otherwise; or
(2) in those matters that are the subject of his official
responsibility, subject to approval by the Government official
responsible for appointment to his position.
(e) Nothing in this section prevents a special Government employee from
acting as agent or attorney for another person in the performance of
work under a grant by, or a contract with or for the benefit of, the
United States if the head of the department or agency concerned with
the grant or contract certifies in writing that the national interest
so requires and publishes such certification in the Federal Register.
(f) Nothing in this section prevents an individual from giving
testimony under oath or from making statements required to be made
under penalty of perjury.
(Added Pub.L. 87-849, 1(a), Oct. 23, 1962, 76 Stat. 1121; as amended
Pub.L. 91-405, Title II, Sec. 204(d) (2), (3), Sept. 22, 1970, 84 Stat.
853; Pub.L. 99-646, Sec. 47(a), Nov. 10, 1986, 100 Stat. 3604; Pub.L.
101-194, Title IV, Sec. 402, Nov. 30, 1989, 103 Stat. 1748; Pub.L. 101-
280, Sec. 5(b) May 4, 1990, 104 Stat. 159.)
18 U.S.C. Sec. 210. Offer To Procure Appointive Public Office.
Whoever pays or offers or promises any money or thing of value, to any
person, firm, or corporation in consideration of the use or promise to
use any influence to procure any appointive office or place under the
United States for any person, shall be fined under this title or
imprisoned not more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 694; Sec. 210, formerly Sec. 214,
renumbered Oct. 23, 1962, Pub.L. 87-849, Sec. 1(b), 76 Stat. 1125; as
amended Sept. 13, 1994, Pub. L. 103-322, Title XXXIII,
Sec. 330016(1)(H), 108 Stat. 2147.)
18 U.S.C. Sec. 211. Acceptance or Solicitation to Obtain Appointive
Public Office.
Whoever solicits or receives, either as a political contribution, or
for personal emolument, any money or thing of value, in consideration
of the promise of support or use of influence in obtaining for any
person any appointive office or place under the United States, shall be
fined under this title or imprisoned not more than one year, or both.
Whoever solicits or receives any thing of value in consideration of
aiding a person to obtain employment under the United States either by
referring his name to an executive department or agency of the United
States or by requiring the payment of a fee because such person has
secured such employment shall be fined under this title or imprisoned
not more than one year, or both. This section shall not apply to such
services rendered by an employment agency pursuant to the written
request of an executive department or agency of the United States.
(June 25, 1948, ch. 645, 62 Stat. 694; Sec. 211, formerly Sec. 215,
amended Sept. 13, 1951, ch. 380, 65 Stat. 320; and renumbered Oct. 23,
1962, Pub.L. 87-849, Sec. 1(b), 76 Stat. 1125; as amended Sept. 13,
1994, Pub.L. 103-322, Title XXXIII, Sec. 330016(1)(H), 108 Stat. 2147.)
CHAPTER 29--ELECTIONS AND POLITICAL ACTIVITIES
18 U.S.C. Sec. 591 [Definitions.] Repealed.
[18 U.S.C. 3591, based on acts June 25 1948, ch. 645, 62 Stat. 719; May
24, 1949, ch. 139, Sec. 9, 63 Stat. 90; Sept. 22, 1970, Pub.L. 91-405,
Title II, Sec. 204(d)(4), 84 Stat. 853; Feb. 7, 1972, Pub.L. 92-225,
Title II, Sec. 201, 86 Stat. 8; Oct. 15, 1974, Pub.L. 93-443, Title I,
Sec. Sec. 101(f)(2), 102, 88 Stat. 1268, 1269; May 11, 1976, Pub.L. 94-
283, Title I, Sec. 115(g), Title II, Sec. 202, 90 Stat. 496, 497,
defined terms applicable to prohibitions respecting elections and
political activities, was repealed by Pub.L. 96-187, Title II,
Sec. 201(a)(1), Jan. 8, 1980, 93 Stat. 1367.]
18 U.S.C. Sec. 592. Troops at Polls.
Whoever, being an officer of the Army or Navy, or other person in the
civil, military, or naval service of the United States, orders, brings,
keeps, or has under his authority or control any troops or armed men at
any place where a general or special election is held, unless such
force be necessary to repel armed enemies of the United States, shall
be fined under this title or imprisoned not more than five years, or
both; and be disqualified from holding any office of honor, profit, or
trust under the United States.
This section shall not prevent any officer or member of the armed
forces of the United States from exercising the right of suffrage in
any election district to which he may belong, if otherwise qualified
according to the laws of the State in which he offers to vote.
(June 24, 1948, ch. 645, 62 Stat. 719; as amended Sept. 13, 1994,
Pub.L. 103-322, Title XXXIII, Sec. 330016(1)(K), 108 Stat. 2147.)
18 U.S.C. Sec. 593. Interference by Armed Forces.
Whoever, being an officer or member of the armed forces of the United
States, prescribes or fixes or attempts to prescribe or fix, whether by
proclamation, order or otherwise, the qualifications of voters at any
election in any State; or
Whoever, being such officer or member, prevents or attempts to prevent
by force, threat, intimidation, advice, or otherwise any qualified
voter of any State from fully exercising the right of suffrage at any
general or special election; or
Whoever, being such officer or member, orders or compels or attempts to
compel any election officer in any State to receive a vote from a
person not legally qualified to vote; or
Whoever, being such officer or member, imposes or attempts to impose
any regulations for conducting any general or special election in a
State, different from those prescribed by law; or
Whoever, being such officer or member, interferes in any manner with an
election officer's discharge of his duties--Shall be fined under this
title or imprisoned not more than five years, or both; and disqualified
from holding any office of honor, profit or trust under the United
States.
This section shall not prevent any officer or member of the Armed
Forces from exercising the right of suffrage in any district to which
he may belong, if otherwise qualified according to the laws of the
State of such district.
(June 25, 1948, ch. 645, 72 Stat. 719; as amended Sept. 13, 1994,
Pub.L. 103-322, Title XXXIII, Sec. 330016(1)(K), 108 Stat. 2147.)
18 U.S.C. Sec. 594. Intimidation of Voters.
Whoever intimidates, threatens, coerces, or attempts to intimidate,
threaten, or coerce, any other persons for the purpose of interfering
with the right of such other person to vote or to vote as he may
choose, or of causing such other person to vote for, or not to vote
for, any candidate for the office of President, Vice President,
Presidential elector, Member of the Senate, Member of the House of
Representatives, Delegate from the District of Columbia, or Resident
Commissioner, at any election held solely or in part for the purpose of
electing such candidate, shall be fined or imprisoned not more than one
year, or both.
(June 25, 1948, ch. 645, 62 Stat. 720; as amended by Pub.L. 91-405,
Title II, Sec. 204(d)(5), Sept. 22, 1970, 84 Stat. 853; as amended
Sept. 13, 1994, Pub.L. 103-322, Title XXXIII, Sec. 330016(1)(H), 108
Stat. 2147.)
18 U.S.C. Sec. 595. Interference by Administrative Employees of
Federal, State, or Territorial Governments.
Whoever, being a person employed in any administrative position by the
United States, or by any department or agency thereof, or by the
District of Columbia or any agency or instrumentality thereof, or by
any State, Territory, or Possession of the United States, or any
political subdivision, municipality, or agency thereof, or agency of
such political subdivision or municipality (including any corporation
owned or controlled by any State, Territory or Possession of the United
States or by any such political subdivision, municipality, or agency),
in connection with any activity which is financed in whole or in part
by loans or grants made by the United States, or any department or
agency thereof, uses his official authority for the purpose of
interfering with, or affecting, the nomination or the election of any
candidate for the office of President, Vice President, Presidential
elector, Member of the Senate, Member of the House of Representatives,
Delegate from the District of Columbia, or Resident Commissioner, shall
be fined under this title or imprisoned not more than one year, or
both.
This section shall not prohibit or make unlawful any act by any officer
or employee of any educational or research institution, establishment,
agency, or system which is supported in whole or in part by any state
or political subdivision thereof, or by the District of Columbia or by
any Territory or Possession of the United States; or by any recognized
religious, philanthropic or cultural organization.
(June 25, 1948, ch. 645, 62 Stat. 720; as amended by Pub.L. 91-405,
Title II, Sec. 204(d)(6), 84 Stat. 853; as amended Sept. 13, 1994,
Pub.L. 103-322, Title XXXIII, Sec. 330016(1)(H), (L), 108 Stat. 2147.)
18 U.S.C. Sec. 596. Polling Armed Forces.
Whoever, within or without the Armed Forces of the United States, polls
any member of such forces, either within or without the United States,
either before or after he executes any ballot under any Federal or
State law, with reference to his choice of or his vote for any
candidate, or states, publishes, or releases any result of any
purported poll taken from or among the members of the Armed Forces of
the United States or including within it the statement of choice for
such candidate or of such votes cast by any member of the Armed Forces
of the United States, shall be fined under this title, or imprisoned
for not more than one year, or both.
The word ``poll'' means any request for information, verbal or written,
which by its language or form of expression requires or implies the
necessity of an answer, where the request is made with the intent of
compiling the result of the answers obtained, either for the personal
use of the person making the request, or for the purpose of reporting
the same to any person, persons, political party, unincorporated
association or corporation, or for the purpose of publishing the same
orally, by radio, or in written or printed form.
(June 25, 1948, ch. 645, 62 Stat. 720; as amended Sept. 13, 1994,
Pub.L. 103-322, Title XXXIII, Sec. 330016(1)(H), 108 Stat. 2147.)
18 U.S.C. Sec. 597. Expenditures to Influence Voting.
Whoever makes or offers to make an expenditure to any person, either to
vote or withhold his vote, or to vote for or against any candidate; and
Whoever solicits, accepts, or receives any such expenditure in
consideration of his vote or the withholding of his vote--Shall be
fined under this title or imprisoned not more than one year, or both;
and if the violation was willful, shall be fined under this title or
imprisoned not more than two years, or both.
(June 24, 1948, ch. 645, 62 Stat. 721; as amended Sept. 13, 1994,
Pub.L. 103-322, Title XXXIII, Sec. 330016(1)(H), 108 Stat. 2147; Oct.
11, 1996, Pub.L. 104-294, Title VI, Sec. 601(a)(12), 110 Stat. 3498.)
18 U.S.C. Sec. 598. Coercion by Means of Relief Appropriations.
Whoever uses any part of any appropriation made by Congress for work
relief, relief, or for increasing employment by providing loans and
grants for public-works projects, or exercises or administers any
authority conferred by any Appropriation Act for the purpose of
interfering with, restraining, or coercing any individual in the
exercise of his right to vote at any election, shall be fined under
this title or imprisoned not more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 721; as amended Sept. 13, 1994,
Pub.L. 103-322, Title XXXIII, Sec. 330016(1)(H), 108 Stat. 2147.)
18 U.S.C. Sec. 599. Promise of Appointment of Candidate.
Whoever, being a candidate, directly or indirectly promises or pledges
the appointment, or the use of his influence or support for the
appointment of any person to any public or private position or
employment, for the purpose of procuring support in his candidacy shall
be fined under this title or imprisoned not more than one year, or
both; and if the violation was willful, shall be fined under this title
or imprisoned not more than two years, or both.
(June 25, 1948, ch. 645, 62 Stat. 721; as amended Sept. 13, 1994,
Pub.L. 103-322, Title XXXIII, Sec. 330016(1)(H), (L), 108 Stat. 2147.)
18 U.S.C. Sec. 600. Promise of Employment or Other Benefit for
Political Activity.
Whoever, directly or indirectly, promises any employment, position,
compensation, contract, appointment, or other benefit, provided for or
made possible in whole or in part by any Act of Congress, or any
special consideration in obtaining any such benefit, to any person as a
consideration, favor, or reward for any political activity or for the
support of or opposition to any candidate or any political party in
connection with any general or special election to any political
office, or in connection with any primary election or political
convention or caucus held to select candidates for any political
office, shall be fined under this title or imprisoned not more than one
year, or both.
(June 25, 1948, ch. 645, 62 Stat. 721; as amended Pub.L. 92-225, Title
II, Sec. 202, Feb. 7, 1972, 86 Stat. 9; and Pub.L. 94-453, Sec. 3, Oct.
2, 1976, 90 Stat. 1517; as amended Oct. 2, 1976, Pub.L. 94-453, Sec. 3,
90 Stat. 1517; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII,
Sec. 330016(1)(L), 108 Stat. 2147.)
18 U.S.C. Sec. 601. Deprivation of Employment or Other Benefit for
Political Contribution.
(a) Whoever, directly or indirectly, knowingly causes or attempts to
cause any person to make a contribution of a thing of value (including
services) for the benefit of any candidate or any political party, by
means of the denial or deprivation, or the threat of the denial or
deprivation, of--
(1) any employment, position, or work in or for any agency or other
entity of the Government of the United States, a State, or a political
subdivision of a State, or any compensation or benefit of such
employment, position, or work; or
(2) any payment or benefit of a program of the United States, a State,
or a political subdivision of a State;
if such employment, position, work, compensation, payment, or benefit
is provided for or made possible in whole or in part by an Act of
Congress, shall be fined under this title or imprisoned not more than
one year, or both.
(b) As used in this section--
(1) the term ``candidate'' means an individual who seeks nomination for
election, or election, to Federal, State, or local office, whether or
not such individual is elected, and, for purposes of this paragraph,
an individual shall be deemed to seek nomination for election, or
election, to Federal, State, or local office, if he has (A) taken the
action necessary under the law of a State to qualify himself for
nomination for election, or election, or (B) received contributions or
made expenditures, or has given his consent for any other person to
receive contributions or make expenditures, with a view to bringing
about his nomination for election, or election, to such office;
(2) the term ``election'' means (A) a general, special primary, or
runoff election, (B) a convention or caucus of a political party held
to nominate a candidate, (C) a primary election held for the selection
of delegates to a nominating convention of a political party, (D) a
primary election held for the expression of a preference for the
nomination of persons for election to the office of President, and (E)
the election of delegates to a constitutional convention for proposing
amendments to the Constitution of the United States or of any State;
and
(3) the term ``State'' means a State of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, or any territory or
possession of the United States.
(June 25, 1948, ch. 645, 62 Stat. 721; as amended by Pub.L. 94-453,
Sec. 1, Oct. 2, 1976, 90 Stat. 1516.; as amended Oct. 2, 1976, Pub.L.
94-453, Sec. 1, 90 Stat. 1516; Sept. 13, 1994, Pub.L. 103-322, Title
XXXIII, Sec. 330016(1)(L), 108 Stat. 2147.)
18 U.S.C. Sec. 602. Solicitation of Political Contributions.
(a) It shall be unlawful for--
(1) a candidate for the Congress;
(2) an individual elected to or serving in the office of Senator or
Representative in, or Delegate or Resident Commissioner to, the
Congress;
(3) an officer or employee of the United States or any department or
agency thereof; or
(4) a person receiving any salary or compensation for services from
money derived from the Treasury of the United States; to knowingly
solicit any contribution within the meaning of section 301(8) of the
Federal Election Campaign Act of 1971 from any other such officer,
employee, or person. Any person who violates this section shall be
fined under this title or imprisoned not more than three years, or
both.
(b) The prohibition in subsection (a) shall not apply to any activity
of an employee (as defined in section 7322(1) of title 5) or any
individual employed in or under the United States Postal Service or the
Postal Rate Commission, unless that activity is prohibited by section
7323 or 7324 of such title.
(June 25, 1948, ch. 645, 62 Stat. 722; as amended by Pub.L. 96-187,
Title II, Sec. 201, Jan. 8, 1980, 93 Stat. 1367; as amended Jan. 8,
1980, Pub.L. 96-187, Title II, Sec. 201(a)(3), 93 Stat. 1367; Oct. 6,
1993, Pub.L. 103-94, Sec. 4(a), 107 Stat. 1004; Sept. 13, 1994, Pub.L.
103-322, Title XXXIII, Sec. 33001(1)(K), 108 Stat. 2147.)
18 U.S.C. Sec. 603. Making Political Contributions.
(a) It shall be unlawful for an officer or employee of the United
States or any department or agency thereof, or a person receiving any
salary or compensation for service from money derived from the Treasury
of the United States, to make any contribution within the meaning of
section 301(8) of the Federal Election Campaign Act of 1971 to any
other such officer, employee or person or to any Senator or
Representative in, or Delegate or Resident Commissioner to, the
Congress, if the person receiving such contribution is the employer or
employing authority of the person making the contribution. Any person
who violates this section shall be fined under this title or imprisoned
not more than three years, or both.
(b) For purposes of this section, a contribution to an authorized
committee as defined in section 302(e)(1) of the Federal Election
Campaign Act of 1971 shall be considered a contribution to the
individual who has authorized such committee.
(c) The prohibition in subsection (a) shall not apply to any activity
of an employee (as defined in section 7322(1) of title 5) or any
individual employed in or under the United States Postal Service or the
Postal Rate Commission, unless that activity is prohibited by section
7323 or 7324 of such title.
(June 25, 1948, ch. 645, 62 Stat. 722; Oct. 31, 1951, ch. 655,
Sec. 20(b), 65 Stat. 718; as amended by Pub.L. 96-187, Title II,
Sec. 201, Jan. 8, 1980, 93 Stat. 1367; as amended Jan. 8, 1980, Pub.L.
96-187, Title II, Sec. 201(a)(4), 93 Stat. 1367; Oct. 6, 1993, Pub.L.
103-94, Sec. 4(b), 107 Stat. 1005, Sept. 13, 1994, Pub.L. 103-322,
Title XXXIII, Sec. 330016(1)(K), 108 Stat. 2147.)
18 U.S.C. Sec. 604. Solicitation for Persons on Relief.
Whoever solicits or receives or is in any manner concerned in
soliciting or receiving any assessment, subscription, or contribution
for any political purpose from any person known by him to be entitled
to, or receiving compensation, employment, or other benefit provided
for or made possible by any Act of Congress appropriating funds for
work relief or relief purposes, shall be fined under this title or
imprisoned not more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 722; as amended Sept. 13, 1994,
Pub.L. 103-322, Title XXXIII, Sec. 330016(1)(H), 108 Stat. 2147.)
18 U.S.C. Sec. 605. Disclosure of Names of Persons on Relief.
Whoever, for political purposes, furnishes or discloses any list or
names of persons receiving compensation, employment or benefits
provided for or made possible by any Act of Congress appropriating, or
authorizing the appropriation of funds for work relief or relief
purposes, to a political candidate, committee, campaign manager, or to
any person for delivery to a political candidate, committee, or
campaign manager; and
Whoever receives any such list or names for political purposes--
Shall be fined under this title or imprisoned not more than one year,
or both.
(June 25, 1948, ch. 645, 62 Stat. 722; as amended Sept. 13, 1994,
Pub.L. 103-322, Title XXXIII, Sec. 330016(1)(H), 108 Stat. 2147.)
18 U.S.C. Sec. 606. Intimidation to Secure Political Contributions.
Whoever, being one of the officers or employees of the United States
mentioned in section 602 of this title, discharges, or promotes, or
degrades, or in any manner changes the official rank or compensation of
any other officer or employee, or promises or threatens so to do, for
giving or withholding or neglecting to make any contribution of money
or other valuable thing for any political purpose, shall be fined under
this title or imprisoned not more than three years, or both.
(June 25, 1948, ch. 645, 62 Stat. 722; as amended Sept. 13, 1994,
Pub.L. 103-322, Title XXXIII, Sec. 330016(1)(K), 108 Stat. 2147.)
18 U.S.C. Sec. 607. Place of Solicitation.
(a) It shall be unlawful for any person to solicit or receive any
contribution within the meaning of section 301(8) of the Federal
Election Campaign Act of 1971 in any room or building occupied in the
discharge of official duties by any person mentioned in section 603, or
in any navy yard, fort, or arsenal. Any person who violates this
section shall be fined under this title or imprisoned not more than
three years, or both.
(b) The prohibition in subsection (a) shall not apply to the receipt of
contributions by persons on the staff of a Senator or Representative
in, or Delegate or Resident Commissioner to, the Congress, provided,
that such contributions have not been solicited in any manner which
directs the contributor to mail or deliver a contribution to any room,
building, or other facility referred to in subsection (a), and provided
that such contributions are transferred within seven days of receipt to
a political committee within the meaning of section 302(e) of the
Federal Election Campaign Act of 1971.
(June 25, 1948, ch. 645, 62 Stat. 722; as amended by Pub.L. 96-187,
Sec. 201, Jan. 8, 1980, 93 Stat. 1367; as amended Jan. 8, 1980, Pub. L.
96-187, Title II, Sec. 201(a)(5), 93 Stat. 1367; Sept. 13, 1994, Pub.L.
103-322, Title XXXIII, Sec. 330016(1)(K), 108 Stat. 2147.)
18 U.S.C. Sec. 608. Absent Uniformed Services Voters and Overseas
Voters.
(a) Whoever knowingly deprives or attempts to deprive any person of a
right under the Uniformed and Overseas Citizens Absentee Voting Act
shall be fined in accordance with this title or imprisoned not more
than five years, or both.
(b) Whoever knowingly gives false information for the purpose of
establishing the eligibility of any person to register or vote under
the Uniformed and Overseas Citizens Absentee Voting Act, or pays or
offers to pay, or accepts payment for registering or voting under such
Act shall be fined in accordance with this title or imprisoned not more
than five years, or both.
(Added Pub.L. 99-410, title II, Sec. 202(a), Aug. 28, 1986, 100 Stat.
929.)
18 U.S.C. Sec. 609. Use of Military Authority To Influence Vote of
Member of Armed Forces.
Whoever, being a commissioned, noncommissioned, warrant, or petty
officer of an Armed Force, uses military authority to influence the
vote of a member of the Armed Forces or to require a member of the
Armed Forces to march to a polling place, or attempts to do so, shall
be fined in accordance with this title or imprisoned not more than five
years, or both. Nothing in this section shall prohibit free discussion
of political issues or candidates for public office.
(Added Pub.L. 99-410, title II, Sec. 202(a), Aug. 28, 1986, 100 Stat.
929.)
I. Internal Revenue Code, Political Campaign Debts and Contributions
(Title 26, United States Code)
26 U.S.C. Sec. 84. Transfer of Appreciated Property to Political
Organization.
(a) General rule.
If--
(1) any person transfers property to a political organization, and
(2) the fair market value of such property exceeds its adjusted basis,
then for purposes of this chapter the transferor shall be treated as
having sold such property to the political organization on the date of
the transfer, and the transferor shall be treated as having realized an
amount equal to the fair market value of such property on such date.
(b) Basis of property.
In the case of a transfer of property to a political organization to
which subsection (a) applies, the basis of such property in the hands
of the political organization shall be the same as it would be in the
hands of the transferor, increased by the amount of gain recognized to
the transferor by reason of such transfer.
(c) Political organization defined.
For purposes of this section, the term ``political organization'' has
the meaning given to such term by section 527(e)(1).
(Added Pub.L. 92-625, Sec. 13(a)(1), Jan. 3, 1975, 88 Stat. 2120.)
26 U.S.C. Sec. 271. Debts Owed by Political Parties, etc.
(a) General rule.
In the case of a taxpayer (other than a bank as defined in section 581)
no deduction shall be allowed under section 166 (relating to bad debts)
or under section 165(g) (relating to worthlessness of securities) by
reason of the worthlessness of any debt owed by a political party.
(b) Definitions.
(1) Political party.--For purposes of subsection (a), the term
``political party'' means--
(A) a political party;
(B) a national, State, or local committee of a political party; or
(C) a committee, association, or organization which accepts
contributions or makes expenditures for the purpose of influencing or
attempting to influence the election of presidential or vice
presidential electors or of any individual whose name is presented for
election to any Federal, State, or local elective public office whether
or not such individual is elected.
(2) Contributions.--For purposes of paragraph (1)(C), the term
``contributions'' includes a gift, subscription, loan, advance, or
deposit of money, or anything of value, and includes a contract,
promise, or agreement to make a contribution, whether or not legally
enforceable.
(3) Expenditures.--For purposes of paragraph (1)(C), the term
``expenditures'' includes a payment, distribution, loan, advance,
deposit, or gift of money, or anything of value, and includes a
contract promise or agreement to make an expenditure, whether or not
legally enforceable.
(c) Exception.
In the case of a taxpayer who uses an accrual method of accounting,
subsection (a) shall not apply to a debt which accrued as a receivable
on a bona fide sale of goods or services in the ordinary course of the
taxpayer's trade or business if--
(1) for the taxable year in which such receivable accrued, more than 30
percent of all receivables which accrued in the ordinary course of the
trades and businesses of the taxpayer were due from political parties,
and
(2) the taxpayer made substantial continuing efforts to collect on the
debt.
(Aug. 16, 1954, ch. 736, 68A Stat. 82 as amended Oct. 4, 1976, Pub.L.
94-455, Title XXI, Sec. 2104(a), 90 Stat. 1901.)
26 U.S.C. Sec. 276. Certain Indirect Contributions to Political
Parties.
(a) Disallowance of Deduction.
No deduction otherwise allowable under this chapter shall be allowed
for any amount paid or incurred for--
(1) advertising in a convention program of a political party, or in any
other publication if any part of the proceeds of such publication
directly or indirectly inures (or is intended to inure) to or for the
use of a political party or a political candidate;
(2) admission to any dinner or program, if any part of the proceeds of
such dinner or program directly or indirectly inures (or is intended to
inure) to or for the use of a political party or a political candidate;
or
(3) admission to an inaugural ball, inaugural gala, inaugural parade,
or inaugural concert, or to any similar event which is identified with
a political party or a political candidate.
(b) Definitions.
For purposes of this section--
(1) Political party.--The term ``political party'' means--
(A) a political party;
(B) a National, State, or local committee of a political party; or
(C) a committee, association, or organization, whether incorporated or
not, which directly or indirectly accepts contributions (as defined in
section 271(b)(2)) or makes expenditures (as defined in section
271(b)(3)) for the purpose of influencing or attempting to influence
the selection, nomination, or election of any individual to any
Federal, State, or local elective public office, or the election of
presidential and vice-presidential electors, whether or not such
individual or electors are selected, nominated, or elected.
(2) Proceeds inuring to or for the use of political candidates.--
Proceeds shall be treated as inuring to or for the use of a political
candidate only if--
(A) such proceeds may be used directly or indirectly for the purpose of
furthering his candidacy for selection, nomination, or election to any
elective public office, and
(B) such proceeds are not received by such candidate in the ordinary
course of a trade or business (other than the trade or business of
holding elective public office).
(c) Cross reference.
For disallowance of certain entertainment, etc., expenses, see section
274.
(Added Pub.L. 89-368, Title III, Sec. 301(a), Mar. 15, 1966, 80 Stat.
66; and amended Pub.L. 90-364, Title I, Sec. 108(a), June 28, 1968, 82
Stat. 269; as amended by Pub.L. 93-443, Sec. 406(d), Oct. 15, 1974, 88
Stat. 1296.)
26 U.S.C. Sec. 527. Political Organizations.
(a) General rule.
A political organization shall be subject to taxation under this
subtitle only to the extent provided in this section. A political
organization shall be considered an organization exempt from income
taxes for the purpose of any law which refers to organizations exempt
from income taxes.
(b) Tax imposed.
(1) In general.--Tax is hereby imposed for each taxable year on the
political organization taxable income of every political organization.
Such tax shall be computed by multiplying the political organization
taxable income by the highest rate of tax specified in section 11(b).
(2) Alternative tax in case of capital gains.--If for any taxable year
any political organization has a net capital gain, then, in lieu of the
tax imposed by paragraph (1), there is hereby imposed a tax (if such a
tax is less than the tax imposed by paragraph (1)) which shall consist
of the sum of--
(A) a partial tax, computed as provided by paragraph (1), on the
political organization taxable income determined by reducing such
income by the amount of such gain, and
(B) an amount determined as provided in section 1201(a) on such gain.
(c) Political organization taxable income defined.
(1) Taxable income defined.--For purposes of this section, the
political organization taxable income of any organization for any
taxable year is an amount equal to the excess (if any) of--
(A) the gross income for the taxable year (excluding any exempt
function income), over
(B) the deductions allowed by this chapter which are directly connected
with the production of the gross income (excluding exempt function
income), computed with the modifications provided in paragraph (2).
(2) Modifications.--For purposes of this subsection--
(A) there shall be allowed a specific deduction of $100,
(B) no net operating loss deduction shall be allowed under section 172,
and
(C) no deduction shall be allowed under part VIII of subchapter B
(relating to special deductions for corporations).
(3) Exempt function income.--For purposes of this subsection, the term,
``exempt function income'' means any amount received as--
(A) a contribution of money or other property,
(B) membership dues, a membership fee or assessment from a member of
the political organization.
(C) proceeds from a political fundraising or entertainment event, or
proceeds from the sale of political campaign materials, which are not
received in the ordinary course of any trade or business, or
(D) proceeds from the conducting of any bingo game (as defined in
section 513(f)(2)),
to the extent such amount is segregated for use only for the exempt
function of the political organization.
(d) Certain uses not treated as income to candidates.
For purposes of this title, if any political organization--
(1) contributes any amount to or for the use of any political
organization which is treated as exempt from tax under subsection (a)
of this section,
(2) contributes any amount to or for the use of any organization
described in paragraph (1) or (2) of section 509(a) which is exempt
from tax under section 501(a), or
(3) deposits any amount in the general fund of the Treasury or in the
general fund of any State or local government,
such amount shall be treated as an amount not diverted for the personal
use of the candidate or any other person. No deduction shall be allowed
under this title for the contribution or deposit of any amount
described in the preceding sentence.
(e) Other definitions.
For purposes of this section--
(1) Political organization.--The term ``political organization'' means
a party, committee, association, fund, or other organization (whether
or not incorporated) organized and operated primarily for the purpose
of directly or indirectly accepting contributions or making
expenditures, or both, for an exempt function.
(2) Exempt function.--The term ``exempt function'' means the function
of influencing or attempting to influence the selection, nomination,
election, or appointment of any individual to any Federal, State, or
local public office or office in a political organization, or the
election of Presidential or Vice-Presidential electors, whether or not
such individual or electors are selected, nominated, elected, or
appointed.
(3) Contributions.--The term ``contributions'' has the meaning given to
such term by section 271(b)(2).
(4) Expenditures.--The term ``expenditures'' has the meaning given to
such term by section 271(b)(3).
(f) Exempt organization which is not political organization must
include certain amounts in gross income.
(1) In general. If an organization described in section 501(c) which is
exempt from tax under section 501(a) expends any amount during the
taxable year directly (or through another organization) for an exempt
function (within the meaning of subsection (e)(2)), then,
notwithstanding any other provision of law, there shall be included in
the gross income of such organization for the taxable year, and shall
be subject to tax under subsection (b) as if it constituted political
organization taxable income, an amount equal to the lesser of--
(A) the net investment income of such organization for the taxable
year, or
(B) the aggregate amount so expended during the taxable year for such
an exempt function.
(2) Net investment income.--For purposes of this subsection, the term
``net investment income'' means the excess of--
(A) the gross amount of income from interest, dividends, rents, and
royalties, plus the excess (if any) of gains from the sale or exchange
of assets over the losses from the sale or exchange of assets, over
(B) the deduction allowed by this chapter which are directly connected
with the production of the income referred to in subparagraph (A).
For purposes of the preceding sentence, there shall not be taken into
account items taken into account for purposes of the tax imposed by
section 511 (relating to tax on unrelated business income).
(3) Certain separate segregated funds.--For purposes of this subsection
and subsection (e)(1), a separate segregated fund (within the meaning
of section 610 of title 18 or of any similar State statute, or within
the meaning of any State statute which permits the segregation of dues
moneys for exempt functions (within the meaning of subsection (e)(2)))
which is maintained by an organization described in section 501(c)
which is exempt from tax under section 501(a) shall be treated as a
separate organization.
(g) Treatment of newsletter funds.
(1) In general.--For purposes of this section, a fund established and
maintained by an individual who holds, has been elected to, or is a
candidate (within the meaning of paragraph (3)) for nomination or
election to, any Federal, State, or local elective public office for
use by such individual exclusively for the preparation and circulation
of such individual's newsletter shall, except as provided in paragraph
(2), be treated as if such fund constituted a political organization.
(2) Additional modifications.--In the case of any fund described in
paragraph (1)--
(A) the exempt function shall be only the preparation and circulation
of the newsletter, and
(B) the specific deduction provided by subsection (c)(2)(A) shall not
be allowed.
(3) Candidate.--For purposes of paragraph (1), the term ``candidate''
means, with respect to any Federal, State, or local elective public
office, an individual who--
(A) publicly announces that he is a candidate for nomination or
election to such office, and
(B) meets the qualifications prescribed by law to hold such office.
(h) Special rule for principal campaign committees.
(1) In general.--In the case of a political organization, which is a
principal campaign committee, paragraph (1) of subsection (b) shall be
applied by substituting ``the appropriate rates'' for ``the highest
rate''.
(2) Principal campaign committee defined.
(A) In general.--For purposes of this subsection, the term ``principal
campaign committee'' means the political committee designated by a
candidate for Congress as his principal campaign committee for purposes
of--
(i) section 302(e) of the Federal Election Campaign Act of 1971 (2
U.S.C. 432(e)), and
(ii) this subsection.
(B) Designation.--A candidate may have only 1 designation in effect
under subparagraph (A)(ii) at any time and such designation--
(i) shall be made at such time and in such manner as the Secretary may
prescribe by regulations, and
(ii) once made, may be revoked only with the consent of the Secretary.
Nothing in this subsection shall be construed to require any
designation where there is only one political committee with respect to
a candidate.
(Added Pub.L. 93-625, Sec. 10(a), Jan. 3, 1975, 88 Stat. 2116, and
amended Pub.L. 94-455, Title XIX, Sec. 1901(b)(33)(C), Oct. 4, 1976, 90
Stat. 1801; Pub.L. 95-502, Title III, Sec. 302(a), Oct. 21, 1978, 92
Stat. 1702; Pub.L. 95-600, Title III, Sec. 301(b)(6), Nov. 6, 1978, 92
Stat. 2821; Pub.L. 97-34, Title I, Sec. 128(a), Aug. 13, 1981, 95 Stat.
203; Pub.L. 98-369, Title IV, Sec. 474(r)(16), Title VII, Sec. 722(c)
July 18, 1984, 98 Stat. 843, 973; Pub.L. 99-514, Title I,
Sec. 112(b)(1), Oct. 22, 1986, 100 Stat. 2108; Pub.L. 100-647, Title I,
Sec. 1001(b)(3)(B), Nov. 10, 1988, 102 Stat. 3349.)
26 U.S.C. Sec. 2501. Imposition of Tax.
(a) Taxable transfers.
(1) General rule.--A tax, computed as provided in section 2502, is
hereby imposed for each calendar year on the transfer of property by
gift during such calendar year by any individual, resident or
nonresident.
* * * * * * *
(5) Transfers to political organizations.--Paragraph (1) shall not
apply to the transfer of money or other property to a political
organization (within the meaning of section 527(e)(1)) for the use of
such organization.
(Added Pub.L. 93-265, Sec. 14(a), Jan. 3, 1975, 88 Stat. 2121, as
amended Pub.L. 97-34, Title IV, Sec. 442(a)(1), Aug. 13, 1981, 95 Stat.
320.)
26 U.S.C. Sec. 6012. Persons Required To Make Returns of Income.
(a) General rule.
Returns with respect to income taxes under subTitle A shall be made by
the following:
* * * * * * *
(6) Every political organization (within the meaning of section
527(e)(1)), and every fund treated under section 527(g) as if it
constituted a political organization, which has political organization
taxable income (within the meaning of section 527(c)(1)) for the
taxable year * * *
J. Public Financing of Presidential Elections (Title 26, United States
Code)
26 U.S.C. Sec. 6096. Designation by Individuals.
(a) In general.
Every individual (other than a nonresident alien) whose income tax
liability for the taxable year is $3 or more may designate that $3
shall be paid over to the Presidential Election Campaign Fund in
accordance with the provisions of section 9006(a). In the case of a
joint return of husband and wife having an income tax liability of $6
or more, each spouse may designate that $3 shall be paid to the fund.
(b) Income tax liability.
For purposes of subsection (a), the income tax liability of an
individual for any taxable year is the amount of the tax imposed by
chapter 1 on such individual for such taxable year (as shown on his
return), reduced by the sum of the credits (as shown on his return)
allowable under part IV of subchapter A of chapter 1 (other than
subpart C thereof).
(c) Manner and time of designation.
A designation under subsection (a) may be made with respect to any
taxable year--
(1) at the time of filing the return of the tax imposed by chapter 1
for such taxable year, or
(2) at any other time (after the time of filing the return of the tax
imposed by chapter 1 for such taxable year) specified in regulations
prescribed by the Secretary.
Such designation shall be made in such manner as the Secretary
prescribes by regulations except that, if such designation is made at
the time of filing the return of the tax imposed by chapter 1 for such
taxable year, such designation shall be made either on the first page
of the return or on the page bearing the taxpayer's signature.
(Added Pub.L. 89-809, Title III, Sec. 302(a), Nov. 13, 1966, 80 Stat.
1587, and amended Pub.L. 92-178, Title VIII, Sec. 802(a), Dec. 10,
1971, 85 Stat. 573; Pub.L. 93-53, Sec. 6(a), July 1, 1973, 87 Stat.
138; Pub.L. 94-12, Title II, Sec. Sec. 203(b)(4), 208(d)(4), Mar. 29,
1975, 89 Stat. 30, 35; Pub.L. 94-455, Title IV, Sec. 401(a)(2)(C),
Title V, Sec. 504(c)(2), Title XIX, Sec. 1906(b)(13)(A), Oct. 4, 1976,
90 Stat. 1555, 1565, 1834; Pub.L. 95-30, Title II, Sec. 202(d)(6), May
23, 1977, 91 Stat. 151; Pub.L. 95-618, Title I, Sec. 101(b)(4), Nov. 9,
1978, 92 Stat. 3180; Pub.L. 96-223, Title II, Sec. 231(b) (2), (3)(C),
Apr. 2, 1980, 94 Stat. 272, 276. As amended Pub.L. 97-34, Title II,
Sec. 221(c)(1), Title III, Sec. 331(e)(1), Aug. 13, 1981, 95 Stat. 247,
295; Pub.L. 97-414, Sec. 4(c)(2), Jan. 4, 1982, 96 Stat. 2056; Pub.L.
98-369, Title IV, Sec. 474(r)(31), July 18, 1984, 98 Stat. 845; Pub.L.
103-66, Title XIII Sec. 13441(a), Aug. 10, 1993, 107 Stat. 567.)
CHAPTER 95--PRESIDENTIAL ELECTION CAMPAIGN FUND
26 U.S.C. Sec. 9001. Short title.
This chapter may be cited as the ``Presidential Election Campaign Fund
Act''.
(Added Pub.L. 92-178, Title VIII, Sec. 801, Dec. 10, 1971, 85 Stat.
563.)
26 U.S.C. Sec. 9002. Definitions.
For purposes of this chapter--
(1) The term ``authorized committee'' means, with respect to the
candidates of a political party for President and Vice President of the
United States, any political committee which is authorized in writing
by such candidates to incur expenses to further the election of such
candidates. Such authorization shall be addressed to the chairman of
such political committee, and a copy of such authorization shall be
filed by such candidates with the Commission. Any withdrawal of any
authorization shall also be in writing and shall be addressed and filed
in the same manner as the authorization.
(2) The term ``candidate'' means, with respect to any presidential
election, an individual who (A) has been nominated for election to the
office of President of the United States or the office of Vice
President of the United States by a major party, or (B) has qualified
to have his name on the election ballot (or to have the names of
electors pledged to him on the election ballot) as the candidate of a
political party for election to either such office in 10 or more
States. For purposes of paragraphs (6) and (7) of this section and
purposes of section 9004(a)(2), the term ``candidate'' means, with
respect to any preceding presidential election, an individual who
received popular votes for the office of President in such election.
The term ``candidate'' shall not include any individual who has ceased
actively to seek election to the office of President of the United
States or to the office of Vice President of the United States, in more
than one State.
(3) The term ``Commission'' means the Federal Election Commission
established by section 309(a)(1) of the Federal Election Campaign Act
of 1971.
(4) The term ``eligible candidates'' means the candidates of a
political party for President and Vice President of the United States
who have met all applicable conditions for eligibility to receive
payments under this chapter set forth in section 9003.
(5) The term ``fund'' means the Presidential Election Campaign Fund
established by section 9006(a).
(6) The term ``major party'' means, with respect to any presidential
election, a political party whose candidate for the office of President
in the preceding presidential election received, as the candidate of
such party, 25 percent or more of the total number of popular votes
received by all candidates for such office.
(7) The term ``minor party'' means, with respect to any presidential
election, a political party whose candidate for the office of President
in the preceding presidential election received, as the candidate of
such party, 5 percent or more but less than 25 percent of the total
number of popular votes received by all candidates for such office.
(8) The term ``new party'' means, with respect to any presidential
election, a political party which is neither a major party nor a minor
party.
(9) The term ``political committee'' means any committee, association,
or organization (whether or not incorporated) which accepts
contributions or makes expenditures for the purpose of influencing, or
attempting to influence, the nomination or election of one or more
individuals to Federal, State, or local elective public office.
(10) The term ``presidential election'' means the election of
presidential and vice-presidential electors.
(11) The term ``qualified campaign expense'' means an expense--
(A) incurred (i) by the candidate of a political party for the office
of President to further his election to such office or to further the
election of the candidate of such political party for the office of
Vice President, or both, (ii) by the candidate of a political party for
office of Vice President to further his election to such office or to
further the election of the candidate of such political party for the
office of President, or both, or (iii) by an authorized committee of
the candidates of a political party for the offices of President and
Vice President to further the election of either or both of such
candidates to such offices,
(B) incurred within the expenditure report period (as defined in
paragraph (12)), or incurred before the beginning of such period to the
extent such expense is for property, services, or facilities used
during such period, and
(C) neither the incurring nor payment of which constitutes a violation
of any law of the United States or of the State in which such expense
is incurred or paid.
An expense shall be considered as incurred by a candidate or an
authorized committee if it is incurred by a person authorized by such
candidate or such committee, as the case may be, to incur such expense
on behalf of such candidate or such committee. If an authorized
committee of the candidates of a political party for President and Vice
President of the United States also incurs expenses to further the
election of one or more other individuals to Federal, State, or local
elective public office, expenses incurred by such committee which are
not specifically to further the election of such other individual or
individuals shall be considered as incurred to further the election of
such candidates for President and Vice President in such proportion as
the Commission prescribes by rules or regulations.
(12) The term ``expenditure report period'' with respect to any
presidential election means--
(A) in the case of a major party, the period beginning with the first
day of September before the election, or, if earlier, with the date on
which such major party at its national convention nominated its
candidate for election to the office of President of the United States,
and ending 30 days after the date of the presidential election; and
(B) in the case of a party which is not a major party, the same period
as the expenditure report period of the major party which has the
shortest expenditure report period for such presidential election under
subparagraph (A).
(Added Pub.L. 92-178, Title VIII, Sec. 801, Dec. 10, 1971, 85 Stat.
563, and amended Pub.L. 93-443, Title IV, Sec. 404(c)(1)-(3), Oct. 15,
1974, 88 Stat. 1292; Pub.L. 94-283, Title I, Sec. 115(c)(1), Title III,
Sec. 306(a)(1), May 11, 1976, 90 Stat. 495, 499.)
26 U.S.C. Sec. 9003. Condition for Eligibility for Payments.
(a) In general.
In order to be eligible to receive any payments under section 9006, the
candidates of a political party in a presidential election shall, in
writing--
(1) agree to obtain and furnish to the Commission such evidence as it
may request of the qualified campaign expenses of such candidates,
(2) agree to keep and furnish to the Commission such records, books,
and other information as it may request, and
(3) agree to an audit and examination by the Commission under section
9007 and to pay any amounts required to be paid under such section.
(b) Major parties.
In order to be eligible to receive any payments under section 9006, the
candidates of a major party in a presidential election shall certify to
the Commission, under penalty or perjury, that--
(1) such candidates and their authorized committees will not incur
qualified campaign expenses in excess of the aggregate payments to
which they will be entitled under section 9004, and
(2) no contributions to defray qualified campaign expenses have been or
will be accepted by such candidates or any of their authorized
committees except to the extent necessary to make up any deficiency in
payments received out of the fund on account of the application of
section 9006(d), and no contributions to defray expenses which would be
qualified campaign expenses but for subparagraph (C) of section
9002(11) have been or will be accepted by such candidates or any of
their authorized committees.
Such certification shall be made within such time prior to the day of
the presidential election as the Commission shall prescribe by rules or
regulations.
(c) Minor and new parties.
In order to be eligible to receive any payments under section 9006, the
candidates of a minor or new party in a presidential election shall
certify to the Commission, under penalty of perjury, that--
(1) such candidates and their authorized committees will not incur
qualified campaign expenses in excess of the aggregate payments to
which the eligible candidates of a major party are entitled under
section 9004, and
(2) such candidates and their authorized committees will accept and
expend or retain contributions to defray qualified campaign expenses
only to the extent that the qualified campaign expenses incurred by
such candidates and their authorized committees certified to under
paragraph (1) exceed the aggregate payments received by such candidates
out of the fund pursuant to section 9006.
Such certification shall be made within such time prior to the day of
the presidential election as the Commission shall prescribe by rules or
regulations.
(d) Withdrawal by candidate.
In any case in which an individual ceases to be a candidate as a result
of the operation of the last sentence of section 9002(2), such
individual--
(1) shall no longer be eligible to receive any payments under section
9006, except that such individual shall be eligible to receive payments
under such section to defray qualified campaign expenses incurred while
actively seeking election to the office of President of the United
States or to the office of Vice President of the United States in more
than one State; and
(2) shall pay to the Secretary, as soon as practicable after the date
upon which such individual ceases to be a candidate, an amount equal to
the amount of payments received by such individual under section 9006
which are not used to defray qualified campaign expenses.
(e) Closed captioning requirement.
No candidate for the office of President or Vice President may receive
amounts from the Presidential Election Campaign Fund under this chapter
or chapter 96 unless such candidate has certified that any television
commercial prepared or distributed by the candidate will be prepared in
a manner which ensures that the commercial contains or is accompanied
by closed captioning of the oral content of the commercial to be
broadcast in line 21 of the vertical blanking interval, or is capable
of being viewed by deaf and hearing impaired individuals via any
comparable successor technology to line 21 of the vertical blanking
interval.
(Added Pub.L. 92-178, Title VIII, Sec. 801, Dec. 10, 1971, 85 Stat.
564, and amended Pub.L. 93-53, Sec. 6(c), July 1, 1973, 87 Stat. 139;
Pub.L. 93-443, Title IV, Sec. Sec. 404(c)(4), (5), 405(b), Oct. 15,
1974, 88 Stat. 1292, 1294; Pub.L. 94-283, Title III, Sec. 306(a)(2),
May 11, 1976, 90 Stat. 500; Pub.L. 94-455, Title XIX,
Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub.L. 102-393, Title
V, Sec. 534(a), Oct. 6, 1992, 106 Stat. 1764.)
26 U.S.C. Sec. 9004. Entitlement of Eligible Candidates to Payments.
(a) In general.
Subject to the provisions of this chapter--
(1) The eligible candidates of each major party in a presidential
election shall be entitled to equal payments under section 9006 in an
amount which, in the aggregate, shall not exceed the expenditure
limitations applicable to such candidates under section 320(b)(1)(B) of
the Federal Election Campaign Act of 1971.
(2)(A) The eligible candidates of a minor party in a presidential
election shall be entitled to payments under section 9006 equal in the
aggregate to an amount which bears the same ratio to the amount under
paragraph (1) for a major party as the number of popular votes received
by the candidate for President of the minority party, as such
candidate, in the preceding presidential election bears to the average
number of popular votes received by the candidates for President of the
major parties in the preceding presidential election.
(B) If the candidate of one or more political parties (not including a
major party) for the office of President was a candidate for such
office in the preceding presidential election and received 5 percent or
more but less than 25 percent of the total number of popular votes
received by all candidates for such office, such candidate and his
running mate for the office of Vice President, upon compliance with the
provisions of section 9003 (a) and (c), shall be treated as eligible
candidates entitled to payments under section 9006 in an amount
computed as provided in subparagraph (A) by taking into account all the
popular votes received by such candidate for the office of President in
the preceding presidential election. If eligible candidates of a minor
party are entitled to payments under this subparagraph, such
entitlement shall be reduced by the amount of the entitlement allowed
under subparagraph (A).
(3) The eligible candidates of a minor party or a new party in a
presidential election whose candidate for President in such election
receives, as such candidate, 5 percent or more of the total number of
popular votes cast for the office of President in such election shall
be entitled to payments under section 9006 equal in the aggregate to an
amount which bears the same ratio to the amount allowed under paragraph
(1) for a major party as the number of popular votes received by such
candidate in such election bears to the average number of popular votes
received in such election by the candidates for President of the major
parties. In the case of eligible candidates entitled to payments under
paragraph (2), the amount allowable under this paragraph shall be
limited to the amount, if any, by which the entitlement under the
preceding sentence exceeds the amount of the entitlement under
paragraph (2).
(b) Limitations.
The aggregate payments to which the eligible candidates of a political
party shall be entitled under subsections (a)(2) and (3) with respect
to a presidential election shall not exceed an amount equal to the
lower of--
(1) the amount of qualified campaign expenses incurred by such eligible
candidates and their authorized committees, reduced by the amount of
contributions to defray qualified campaign expenses received and
expended or retained by such eligible candidates and such committees,
or
(2) the aggregate payments to which the eligible candidates of a major
party are entitled under subsection (a)(1), reduced by the amount of
contributions described in paragraph (1) of this subsection.
(c) Restriction.
The eligible candidates of a political party shall be entitled to
payments under subsection (a) only--
(1) to defray qualified campaign expenses incurred by such eligible
candidates or their authorized committees, or
(2) to repay loans the proceeds of which were used to defray such
qualified campaign expenses, or otherwise to restore funds (other than
contributions to defray qualified campaign expenses received and
expended by such candidates or such committees) used to defray such
qualified campaign expenses.
(d) Expenditures from personal funds.
In order to be eligible to receive any payment under section 9006, the
candidate of a major, minor, or new party in an election for the office
of President shall certify to the Commission, under penalty of perjury,
that such candidate will not knowingly make expenditures from his
personal funds, or the personal funds of his immediate family, in
connection with his campaign for election to the office of President in
excess of, in the aggregate, $50,000. For purposes of this subsection,
expenditures from personal funds made by a candidate of a major, minor,
or new party for the office of Vice President shall be considered to be
expenditures by the candidate of such party for the office of
President.
(e) Definition of immediate family.
For purposes of subsection (d), the term ``immediate family'' means a
candidate's spouse, and any child, parent, grandparent, brother, half-
brother, sister, or half-sister of the candidate, and the spouses of
such persons.
(Added Pub.L. 92-178, title VIII, Sec. 801, Dec. 10, 1971, 85 Stat.
565, and amended Pub.L. 93-443, Title IV, Sec. 404 (a), (b), Oct. 15,
1974, 88 Stat. 1291, 1292; Pub.L. 94-283, Title III, Sec. Sec. 301(a),
307(d), May 11, 1976, 90 Stat. 497, 501.)
26 U.S.C. Sec. 9005. Certification by Commission.
(a) Initial certifications.
(a) Not later than 10 days after the candidates of a political party
for President and Vice President of the United States have met all
applicable conditions for eligibility to receive payments under this
chapter set forth in section 9003, the Commission shall certify to the
Secretary of the Treasury for payment to such eligible candidates under
section 9006 payment in full of amounts to which such candidates are
entitled under section 9004.
(b) Finality of certifications and determinations.
Initial certifications by the Commission under subsection (a), and all
determinations made by it under this chapter, shall be final and
conclusive, except to the extent that they are subject to examination
and audit by the Commission under section 9007 and judicial review
under section 9011.
(Added Pub.L. 92-178, Title VIII, Sec. 801, Dec. 10, 1971, 85 Stat.
566, and amended Pub.L. 93-443, Title IV, Sec. 404(c) (6), (7), 405(a),
Oct. 15, 1974, 88 Stat. 1,202, 1293; Pub.L. 94-455, Title XIX,
Sec. 1906(b)(13)(C), Oct. 4, 1976, 90 Stat. 1834.)
26 U.S.C. Sec. 9006. Payments to Eligible Candidates.
(a) Establishment of campaign fund.
There is hereby established on the books of the Treasury of the United
States a special fund to be known as the ``Presidential Election
Campaign Fund''. The Secretary of the Treasury shall, from time to
time, transfer to the fund an amount not in excess of the sum of the
amounts designated (subsequent to the previous presidential election)
to the fund by individuals under section 6096. There is appropriated to
the fund for each fiscal year, out of amounts in the general fund of
the treasury not otherwise appropriated, an amount equal to the amounts
so designated during each fiscal year, which shall remain available to
the fund without fiscal year limitation.
(b) Payments from the fund.
Upon receipt of a certification from the Commission under section 9005
for payment to the eligible candidates of a political party, the
Secretary of the Treasury shall pay to such candidates out of the fund
the amount certified by the Commission. Amounts paid to any such
candidates shall be under the control of such candidates.
(c) Insufficient amounts in fund.
If at the time of a certification by the Commission under section 9005
for payment to the eligible candidates of a political party, the
Secretary determines that the moneys in the fund are not, or may not
be, sufficient to satisfy the full entitlements of the eligible
candidates of all political parties, he shall withhold from such
payment such amount as he determines to be necessary to assure that the
eligible candidates of each political party will receive their pro rata
share of their full entitlement. Amounts withheld by reason of the
preceding sentence shall be paid when the Secretary determines that
there are sufficient moneys in the fund to pay such amounts, or
portions thereof, to all eligible candidates from whom amounts have
been withheld, but, if there are not sufficient moneys in the fund to
satisfy the full entitlement of the eligible candidates of all
political parties, the amounts so withheld shall be paid in such manner
that the eligible candidates of each political party receive their pro
rata share of their full entitlement. In any case in which the
Secretary determines that there are insufficient moneys in the fund to
make payments under subsection (b), section 9008(b)(3), and section
9037(b), moneys shall not be made available from any other source for
the purpose of making such payments.
(Added Pub.L. 92-178, Title VIII, Sec. 801, Dec. 10, 1971, 85 Stat.
567, and amended Pub.L. 93-53, Sec. 6(b), July 1, 1973, 87 Stat. 138;
Pub.L. 93-443, Title IV, Sec. Sec. 403(a), 404(c)(8), Oct. 15, 1975, 88
Stat. 1291, 1292; Pub.L. 94-283, Title III, Sec. 302, May 11, 1976, 90
Stat. 498; Pub.L. 94-455, Title XIX, Sec. 1906(b)(13) (A), (B), Oct. 4,
1976, 90 Stat. 1834.)
26 U.S.C. Sec. 9007. Examinations and Audits; Repayments.
(a) Examinations and audits.
After each presidential election, the Commission shall conduct a
thorough examination and audit of the qualified campaign expenses of
the candidates of each political party for President and Vice
President.
(b) Repayments.
(1) If the Commission determines that any portion of the payments made
to the eligible candidates of a political party under section 9006 was
in excess of the aggregate payments to which candidates were entitled
under section 9004, it shall so notify such candidates, and such
candidates shall pay to the Secretary of the Treasury an amount equal
to such portion.
(2) If the Commission determines that the eligible candidates of a
political party and their authorized committees incurred qualified
campaign expenses in excess of the aggregate payments to which the
eligible candidates of a major party were entitled under section 9004,
it shall notify such candidates of the amount of such excess and such
candidates shall pay to the Secretary of the Treasury an amount equal
to such amount.
(3) If the Commission determines that the eligible candidates of a
major party or any authorized committee of such candidates accepted
contributions (other than contributions to make up deficiencies in
payments out of the fund on account of the application of section
9006(c)) to defray qualified campaign expenses (other than qualified
campaign expenses with respect to which payment is required under
paragraph (2)), it shall notify such candidates of the amount of the
contributions so accepted, and such candidates shall pay to the
Secretary of the Treasury an amount equal to such amount.
(4) If the Commission determines that any amount of any payment made to
the eligible candidates of a political party under section 9006 was
used for any purpose other than--
(A) to defray the qualified campaign expenses with respect to which
such payment was made, or
(B) to repay loans the proceeds of which were used, or otherwise to
restore funds (other than contributions to defray qualified campaign
expenses which were received and expended) which were used, to defray
such qualified campaign expenses, it shall notify such candidates of
the amount so used, and such candidates shall pay to the Secretary of
the Treasury an amount equal to such amount.
(5) No payment shall be required from the eligible candidates of a
political party under this subsection to the extent that such payment,
when added to other payments required from such candidates under this
subsection, exceeds the amount of payments received by such candidates
under section 9006.
(c) Notification.
No notification shall be made by the Commission under subsection (b)
with respect to a presidential election more than 3 years after the day
of such election.
(d) Deposit of repayments.
All payments received by the Secretary of the Treasury under subsection
(b) shall be deposited by him in the general fund of the Treasury.
(Added Pub.L. 92-178, Title VIII, Sec. 801, Dec. 10, 1971, 85 Stat.
568, and amended Pub.L. 93-53, Sec. 6(c), July 1, 1973, 87 Stat. 139;
Pub.L. 93-443, Title IV, Sec. 404(c)(9)-(11), Oct. 15, 1974, 88 Stat.
1292; Pub.L. 94-283, Title III, Sec. 307(e), May 11, 1976, 90 Stat.
502; Pub.L. 94-455, Title XIX, Sec. 1906(b)(13) (B), (C), Oct. 4, 1976,
90 Stat. 1834.)
26 U.S.C. Sec. 9008. Payments for Presidential Nominating Conventions.
(a) Establishment of accounts.
The Secretary shall maintain in the fund, in addition to any account
which he maintains under section 9006(a), a separate account for the
national committee of each major party and minor party. The Secretary
shall deposit in each such account an amount equal to the amount which
each such committee may receive under subsection (b). Such deposits
shall be drawn from amounts designated by individuals under section
6096 and shall be made before any transfer is made to any account for
any eligible candidate under section 9006(a).
(b) Entitlement to payments from the fund.
(1) Major parties.--Subject to the provisions of this section, the
national committee of a major party shall be entitled to payments under
paragraph (3), with respect to any presidential nominating convention,
in amounts which, in the aggregate, shall not exceed $4,000,000.
(2) Minor parties.--Subject to the provisions of this section, the
national committee of a minor party shall be entitled to payments under
paragraph (3), with respect to any presidential nominating convention,
in amounts which, in the aggregate, shall not exceed an amount which
bears the same ratio to the amount the national committee of a major
party is entitled to receive under paragraph (1) as the number of
popular votes received by the candidate for President of the minor
party, as such candidate, in the preceding presidential election bears
to the average number of popular votes received by the candidates for
President of the United States of the major parties in the preceding
presidential election.
(3) Payments.--Upon receipt of certification from the Commission under
subsection (g), the Secretary shall make payments from the appropriate
account maintained under subsection (a) to the national committee of a
major party or minor party which elects to receive its entitlement
under this subsection. Such payments shall be available for use by such
committee in accordance with the provisions of subsection (c).
(4) Limitation.--Payments to the national committee of a major party or
minor party under this subsection from the account designated for such
committee shall be limited to the amounts in such account at the time
of payment.
(5) Adjustment of entitlements.--The entitlements established by this
subsection shall be adjusted in the same manner as expenditure
limitations established by section 315(b) and section 315(d) of the
Federal Election Campaign Act of 1971 are adjusted pursuant to the
provisions of section 315(c) of such Act.
(c) Use of funds.--No part of any payment made under subsection (b)
shall be used to defray the expenses of any candidate or delegate who
is particiating in any presidential nominating convention. Such
payments shall be used only--
(1) to defray expenses incurred with respect to a presidential
nominating convention (including the payment of deposits) by or on
behalf of the national committee receiving such payments; or
(2) to repay loans the proceeds of which were used to defray such
expenses, or otherwise to restore funds (other than contributions to
defray such expenses received by such committee) used to defray such
expenses.
(d) Limitation of expenditures.
(1) Major parties.--Except as provided by paragraph (3), the national
committee of a major party may not make expenditures with respect to a
presidential nominating convention which, in the aggregate, exceed the
amount of payments to which such committee is entitled under subsection
(b)(1).
(2) Minor parties.--Except as provided by paragraph (3), the national
committee of a minor party may not make expenditures with respect to a
presidential nominating convention which, in the aggregate, exceed the
amount of the entitlement of the national committee of a major party
under subsection (b)(1).
(3) Exception.--The Commission may authorize the national committee of
a major party or minor party to make expenditures which, in the
aggregate, exceed the limitation established by paragraph (1) or
paragraph (2) of this subsection. Such authorization shall be based on
a determination by the Commission that, due to extraordinary and
unforeseen circumstances, such expenditures are necessary to assure the
effective operation of the presidential nominating convention by such
committee.
(4) Provision of legal or accounting services.--For purposes of this
section, the payment, by any person other than the national committee
of a political party (unless the person paying for such services is a
person other than the regular employer of the individual rendering such
services) of compensation to any individual for legal or accounting
services rendered to or on behalf of the national committee of a
political party shall not be treated as an expenditure made by or on
behalf of such committee with respect to its limitations on
presidential nominating convention expenses.
(e) Availability of payments.
The national committee of a major party or minor party may receive
payments under subsection (b)(3) beginning on July 1 of the calendar
year immediately preceding the calendar year in which a presidential
nominating convention of the political party involved is held.
(f) Transfer to the fund.
If, after the close of a presidential nominating convention and after
the national committee of the political party involved has been paid
the amount which it is entitled to receive under this section, there
are moneys remaining in the account of such national committee, the
Secretary shall transfer the moneys so remaining to the fund.
(g) Certification by Commission.
Any major party or minor party may file a statement with the Commission
in such form and manner and at such times as it may require,
designating the national committee of such party. Such statement shall
include the information required by section 303(b) of the Federal
Election Campaign Act of 1971, together with such additional
information as the Commission may require. Upon receipt of a statement
filed under the preceding sentences, the Commission promptly shall
verify such statement according to such procedures and criteria as it
may establish and shall certify to the Secretary for payment in full to
any such committee of amounts to which such committee may be entitled
under subsection (b). Such certifications shall be subject to an
examination and audit which the Commission shall conduct no later than
December 31 of the calendar year in which the presidential nominating
convention involved is held.
(h) Repayments.
The Commission shall have the same authority to require repayments from
the national committee of a major party or a minor party as it has with
respect to repayments from any eligible candidate under section
9007(b). The provisions of section 9007(c) and section 9007(d) shall
apply with respect to any repayment required by the Commission under
this subsection.
(Added Pub.L. 92-178, title VIII, Sec. 801, Dec. 10, 1971, 85 Stat.
569, and amended Pub.L. 93-443, title IV, Sec. 406(a), Oct. 15, 1974,
88 Stat. 1294; Pub.L. 94-283, title III, Sec. Sec. 303, 307(a), May 11,
1976, 90 Stat. 498, 501; Pub.L. 96-187, title II, Sec. 202, Jan. 8,
1980, 93 Stat. 1368; Pub.L. 98-355, Sec. 1(a), (b) July 11, 1984, 98
Stat. 394.)
26 U.S.C. Sec. 9009. Reports to Congress; Regulations.
(a) Reports.
The Commission shall, as soon as practicable after each presidential
election, submit a full report to the Senate and House of
Representatives setting forth--
(1) the qualified campaign expenses (shown in such detail as the
Commision determines necessary) incurred by the candidates of each
political party and their authorized committees;
(2) the amounts certified by it under section 9005 for payment to the
eligible candidates of each political party;
(3) the amount of payments, if any, required from such candidates under
section 9007, and the reasons for each payment required; and
(4) the expenses incurred by the national committee of a major party or
minor party with respect to a presidential nominating convention;
(5) the amounts certified by it under section 9008(g) for payment to
each such committee; and
(6) the amount of payments, if any, required from such committees under
section 9008(h), and the reasons for each such payment.
Each report submitted pursuant to this section shall be printed as a
Senate document.
(b) Regulations, etc.
The Commission is authorized to prescribe such rules and regulations in
accordance with the provisions of subsection (c), to conduct such
examinations and audits (in addition to the examinations and audits
required by section 9007(a)), to conduct such investigations, and to
require the keeping and submission of such books, records, and
information, as it deems necessary to carry out the functions and
duties imposed on it by this chapter.
(c) Review of regulations.
(1) The Commission before prescribing any rule or regulation under
subsection (b), shall transmit a statement with respect to such rule or
regulation to the Senate and to the House of Representatives, in
accordance with the provisions of this subsection. Such statement shall
set forth the proposed rule or regulation and shall contain a detailed
explanation and justification of such rule or regulation.
(2) If either such House does not, through appropriate action,
disapprove the proposed rule or regulation set forth in such statement
no later than 30 legislative days after receipt of such statement, then
the Commission may prescribe such rule or regulation. Whenever a
committee of the House of Representatives reports any resolution
relating to any such rule or regulation, it is at any time thereafter
in order (even though a previous motion to the same effect has been
disagreed to) to move to proceed to the consideration of the
resolution. The motion is highly privileged and is not debatable. And
amendment to the motion is not in order, and it is not in order to move
to reconsider the vote by which the motion is agreed to or disagreed
to. The Commission may not prescribe any rule or regulation which is
disapproved by either such House under this paragraph.
(3) For purposes of this subsection, the term ``legislative days'' does
not include any calendar day on which both Houses of the Congress are
not in session.
(4) For purposes of this subsection, the term ``rule or regulation''
means a provision or series of interrelated provisions stating a single
separable rule of law.
(Added Pub.L. 92-178, title VIII, Sec. 801, Dec. 10, 1971, 85 Stat.
569, and amended Pub.L. 93-443, title IV, Sec. Sec. 404(c) (12), (13),
406(b)(1), 409, Oct. 15, 1974, 88 Stat. 1292, 1293, 1296, 1303; Pub.L.
94-283, title III, Sec. 304(a), May 11, 1976, 90 Stat. 498.)
26 U.S.C. Sec. 9010. Participation by Commission in Judicial
Proceedings.
(a) Appearance by counsel.
The Commission is authorized to appear in and defend against any action
filed under section 9011, either by attorneys employed in its office or
by counsel whom it may appoint without regard to the provisions of
title 5, United States Code, governing appointments in the competitive
service, and whose compensation it may fix without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such
title.
(b) Recovery of certain payments.
The Commission is authorized through attorneys and counsel described in
subsection (a) to appear in the district courts of the United States to
seek recovery of any amounts determined to be payable to the Secretary
of the Treasury as a result of examination and audit made pursuant to
section 9007.
(c) Declaratory and injunctive relief.
The Commission is authorized through attorneys and counsel described in
subsection (a) to petition the courts of the United States for
declaratory or injunctive relief concerning any civil matter covered by
the provisions of this subtitle or section 6096. Upon application of
the Commission, an action brought pursuant to this subsection shall be
heard and determined by a court of three judges in accordance with the
provisions of section 2284 of title 28, United States Code, and any
appeal shall lie to the Supreme Court.
(d) Appeal.
The Commission is authorized on behalf of the United States to appeal
from, and to petition the Supreme Court for certiorari to review,
judgments or decrees entered with respect to actions in which it
appears pursuant to the authority provided in this section.
(Added Pub.L. 92-178, title VIII, Sec. 801, Dec. 10, 1971, 85 Stat.
569, and amended Pub.L. 93-443, title IV, Sec. 404(c)(14)-(18), Oct.
15, 1974, 88 Stat. 1293; Pub.L. 94-455, title XIX, Sec. 1906(b)(13)(C),
Oct. 4, 1976, 90 Stat. 1834; Pub.L. 98-620, title IV, Sec. 402(28)(E),
Nov. 8, 1984, 98 Stat. 3359.)
26 U.S.C. Sec. 9011. Judicial Review.
(a) Review of certification, determination, or other action by the
Commission.
Any certification, determination, or other action by the Commission
made or taken pursuant to the provisions of this chapter shall be
subject to review by the United States Court of Appeals for the
District of Columbia upon petition filed in such Court by any
interested person. Any petition filed pursuant to this section shall be
filed within thirty days after the certification, determination, or
other action by the Commission for which review is sought.
(b) Suits to implement chapter.
(1) The Commission, the national committee of any political party, and
individuals eligible to vote for President are authorized to institute
such actions, including actions for declaratory judgment or injunctive
relief, as may be appropriate to implement or construe any provision of
this chapter.
(2) The district courts of the United States shall have jurisdiction of
proceedings instituted pursuant to this subsection and shall exercise
the same without regard to whether a person asserting rights under
provisions of this subsection shall have exhausted any administrative
or other remedies that may be provided at law. Such proceedings shall
be heard and determined by a court of three judges in accordance with
the provisions of section 2284 of title 28, United States Code, and any
appeal shall lie to the Supreme Court.
(Added Pub.L. 92-178, title VIII, Sec. 801, Dec. 10, 1971, 85 Stat.
570, and amended Pub.L. 93-443, title IV, Sec. 404(c)(19)-(21), Oct.
15, 1974, 88 Stat. 1293; Pub.L. 98-620, title IV, Sec. 402(28)(F), Nov.
8, 1984, 98 Stat. 3359.)
26 U.S.C. Sec. 9012. Criminal Penalties.
(a) Excess expenses.
(1) It shall be unlawful for an eligible candidate of a political party
for President and Vice President in a presidential election or any of
his authorized committees knowingly and willfully to incur qualified
campaign expenses in an amount which exceeds the qualified campaign
expenses in excess of the aggregate payments to which the eligible
candidates of a major party are entitled under section 9004 with
respect to such election. It shall be unlawful for the national
committee of a major party or minor party knowingly and willfully to
incur expenses with respect to a presidential nominating convention in
excess of the expenditure limitation applicable with respect to such
committee under section 9008(d), unless the incurring of such expenses
is authorized by the Commission under section 9008(d)(3).
(2) Any person who violates paragraph (1) shall be fined not more than
$5,000, or imprisoned not more than one year or both. In the case of a
violation by an authorized committee, any officer or member of such
committee who knowingly and willfully consents to such violation shall
be fined not more than $5,000, or imprisoned not more than one year, or
both.
(b) Contributions.
(1) It shall be unlawful for an eligible candidate of a major party in
a presidential election or any of his authorized committees knowingly
and willfully to accept any contribution to defray qualified campaign
expenses, except to the extent necessary to make up any deficiency in
payments received out of the fund on account of the application of
section 9006(c), or to defray expenses which would be qualified
campaign expenses but for subparagraph (C) of section 9002(11).
(2) It shall be unlawful for an eligible candidate of a political party
(other than a major party) in a presidential election or any of his
authorized committees knowingly and willfully to accept and expend or
retain contributions to defray qualified campaign expenses in an amount
which exceeds the qualified campaign expenses incurred with respect to
such election by such eligible candidate and his authorized committees.
(3) Any person who violates paragraph (1) or (2) shall be fined not
more than $5,000, or imprisoned not more than one year, or both. In the
case of a violation by an authorized committee, any officer or member
of such committee who knowingly and willfully consents to such
violation shall be fined not more than $5,000, or imprisoned not more
than one year, or both.
(c) Unlawful use of payments.
(1) It shall be unlawful for any person who receives any payment under
section 9006, or to whom any portion of any payment received under such
section is transferred, knowingly and willfully to use, or authorize
the use of, such payment or such portion for any purpose other than--
(A) to defray the qualified campaign expenses with respect to which
such payment was made, or
(B) to repay loans the proceeds of which were used, or otherwise to
restore funds (other than contributions to defray qualified campaign
expenses which were received and expended) which were used, to defray
such qualified campaign expenses.
(2) It shall be unlawful for the national committee of a major party or
minor party which receives any payment under section 9008(b)(3) to use,
or authorize the use of, such payment for any purpose other than a
purpose authorized by section 9008(c).
(3) Any person who violates paragraph (1) shall be fined not more than
$10,000, or imprisoned not more than five years, or both.
(d) False statements, etc.
(1) It shall be unlawful for any person knowingly and willfully--
(A) to furnish any false, fictitious, or fraudulent evidence, books, or
information to the Commission under this subtitle, or to include in any
evidence, books, or information so furnished any misrepresentation of a
material fact, or to falsify or conceal any evidence, books, or
information relevant to a certification by the Commission or an
examination and audit by the Commission under this chapter; or
(B) to fail to furnish to the Commission any records, books, or
information requested by it for purposes of this chapter.
(2) Any person who violates paragraph (1) shall be fined not more than
$10,000, or imprisoned not more than five years, or both.
(e) Kickbacks and illegal payments.
(1) it shall be unlawful for any person knowingly and willfully to give
or accept any kickback or any illegal payment in connection with any
qualified campaign expense of eligible candidates or their authorized
committees. It shall be unlawful for the national committee of a major
party or minor party knowingly and willfully to give or accept any
kickback or any illegal payment in connection with any expense incurred
by such committee with respect to a presidential nominating convention.
(2) Any person who violates paragraph (1) shall be fined not more than
$10,000, or imprisoned not more than five years, or both.
(3) In addition to the penalty provided by paragraph (2), any person
who accepts any kickback or illegal payment in connection with any
qualified campaign expense of eligible candidates or their authorized
committees, or in connection with any expense incurred by the national
committee of a major party or minor party with respect to a
presidential nominating convention shall pay to the Secretary of the
Treasury, for deposit in the general fund of the Treasury, an amount
equal to 125 percent of the kickback or payment received.
(f) Unauthorized expenditures and contributions.
(1) Except as provided in paragraph (2), it shall be unlawful for any
political committee which is not an authorized committee with respect
to the eligible candidates of a political party for President and Vice
President in a presidential election knowingly and willfully to incur
expenditures to further the election of such candidates, which would
constitute qualified campaign expenses if incurred by an authorized
committee of such candidates, in an aggregate amount exceeding $1,000.
(2) This subsection shall not apply to (A) expenditures by a
broadcaster regulated by the Federal Communications Commission, or by a
periodical publication, in reporting the news or in taking editorial
positions, or (B) expenditures by any organization described in section
501(c) which is exempt from tax under section 501(a) in communicating
to its members the views of that organization.
(3) Any political committee which violates paragraph (1) shall be fined
not more than $5,000, and any officer or member of such committee who
knowingly and willfully consents to such violation and any other
individual who knowingly and willfully violates paragraph (1) shall be
fined not more than $5,000, or imprisoned not more than one year, or
both.
(g) Unauthorized disclosure of information.
(1) It shall be unlawful for any individual to disclose any information
obtained under the provisions of this chapter except as may be required
by law.
(2) Any person who violates paragraph (1) shall be fined not more than
$5,000, or imprisoned not more than one year, or both.
(Added Pub.L. 92-178, title VII, Sec. 801, Dec. 10, 1971, 85 Stat. 570,
and amended Pub.L. 93-53, Sec. 6(c), July 1, 1973, 87 Stat. 139; Pub.L.
93-443, title IV, Sec. Sec. 404(c)(22), 406(b)(2)-(6), Oct. 15, 1974,
88 Stat. 1293, 1296; Pub.L. 94-283, title III, Sec. 307(f), May 11,
1976, 90 Stat. 502; Pub.L. 94-455, title XIX, Sec. 1906(b)(13)(C), Oct.
4, 1976, 90 Stat. 1834.)
CHAPTER 96--PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT
26 U.S.C. Sec. 9031. Short Title.
This chapter may be cited as the ``Presidential Primary Matching
Payment Account Act''.
(Added Pub.L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88 Stat.
1297.)
26 U.S.C. Sec. 9032. Definitions.
For purposes of this chapter--
(1) The term ``authorized committee'' means, with respect to the
candidates of a political party for President and Vice President of the
United States, any political committee which is authorized in writing
by such candidates to incur expenses to further the election of such
candidates. Such authorization shall be addressed to the chairman of
such political committee, and a copy of such authorization shall be
filed by such candidates with the Commission. Any withdrawal of any
authorization shall also be in writing and shall be addressed and filed
in the same manner as the authorization.
(2) The term ``candidate'' means an individual who seeks nomination for
election to be President of the United States. For purposes of this
paragraph, an individual shall be considered to seek nomination for
election if he (A) takes the action necessary under the law of a State
to qualify himself for nomination for election, (B) receives
contributions or incurs qualified campaign expenses, or (C) gives his
consent for any other person to receive contributions or to incur
qualified campaign expenses on his behalf. The term ``candidate'' shall
not include any individual who is not actively conducting campaigns in
more than one State in connection with seeking nomination for election
to be President of the United States.
(3) The term ``Commission'' means the Federal Election Commission
established by section 309(a)(1) of the Federal Election Campaign Act
of 1971.
(4) Except as provided by section 9034(a), the term ``contribution''--
(A) means a gift, subscription, loan, advance, or deposit of money, or
anything of value, the payment of which was made on or after the
beginning of the calendar year immediately preceding the calendar year
of the presidential election with respect to which such gift,
subscription, loan, advance, or deposit of money, or anything of value,
is made, for the purpose of influencing the result of a primary
election,
(B) means a contract, promise, or agreement, whether or not legally
enforceable, to make a contribution for any such purpose.
(C) means funds received by a political committee which are transferred
to that committee from another committee, and
(D) means the payment by any person other than a candidate, or his
authorized committee, of compensation for the personal services of
another person which are rendered to the candidate or committee without
charge, but
(E) does not include--
(i) except as provided in subparagraph (D), the value of personal
services rendered to or for the benefit of a candidate by an individual
who receives no compensation for rendering such service to or for the
benefit of the candidate, or
(ii) payments under section 9037.
(5) The term ``matching payment account'' means the Presidential
Primary Matching Payment Account established under section 9037(a).
(6) The term ``matching payment period'' means the period beginning
with the beginning of the calendar year in which a general election for
the office of President of the United States will be held and ending on
the date on which the national convention of the party whose nomination
a candidate seeks nominates its candidate for the office of President
of the United States, or, in the case of a party which does not make
such nomination by national convention, ending on the earlier of (A)
the date such party nominates its candidate for the office of President
of the United States, or (B) the last day of the last national
convention held by a major party during such calendar year.
(7) The term ``primary election'' means an election, including a runoff
election or a nominating convention or caucus held by a political
party, for the selection of delegates to a national nominating
convention of a political party, or for the expression of a preference
for the nomination of persons for election to the office of President
of the United States.
(8) The term ``political committee'' means any individual, committee,
association, or organization (whether or not incorporated) which
accepts contributions or incurs qualified campaign expenses for the
purpose of influencing, or attempting to influence, the nomination of
any person for election to the office of President of the United
States.
(9) The term ``qualified campaign expense'' means a purchase, payment,
distribution, loan, advance, deposit, or gift of money or of anything
of value--
(A) incurred by a candidate, or his authorized committee, in connection
with his campaign for nomination for election, and
(B) neither the incurring nor payment of which constitutes a violation
of any law of the United States or of the State in which the expense is
incurred or paid.
For purposes of this paragraph, an expense is incurred by a candidate
or by an authorized committee if it is incurred by a person
specifically authorized in writing by the candidate or committee, as
the case may be, to incur such expense on behalf of the candidate or
the committee.
(10) The term ``State'' means each State of the United States and the
District of Columbia.
(Added Pub.L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88 Stat.
1297, and amended Pub.L. 94-283, title I, Sec. 115(c)(2), title III,
Sec. 306(b)(1), May 11, 1976, 90 Stat. 495, 500.)
26 U.S.C. Sec. 9033. Eligibility for Payments.
(a) Conditions.
To be eligible to receive payments under section 9037, a candidate
shall, in writing--
(1) agree to obtain and furnish to the Commission any evidence it may
request of qualified campaign expenses.
(2) agree to keep and furnish to the Commission any records, books, and
other information it may request, and
(3) agree to an audit and examination by the Commission under section
9038 and to pay any amounts required to be paid under such section.
(b) Expense limitation; declaration of intent; minimum contributions.
To be eligible to receive payments under section 9037, a candidate
shall certify to the Commission that--
(1) the candidate and his authorized committees will not incur
qualified campaign expenses in excess of the limitations on such
expenses under section 9035,
(2) the candidate is seeking nomination by a political party for
election to the office of President of the United States,
(3) the candidate has received matching contributions which in the
aggregate, exceed $5,000 in contributions from residents of each of at
least 20 States, and
(4) the aggregate of contributions certified with respect to any person
under paragraph (3) does not exceed $250.
(c) Termination of payments.
(1) General rule.--Except as provided by paragraph (2), no payment
shall be made to any individual under section 9037--
(A) if such individual ceases to be a candidate as a result of the
operation of the last sentence of section 9032(2); or
(B) more than 30 days after the date of the second consecutive primary
election in which such individual receives less than 10 percent of the
number of votes cast for all candidates of the same party for the same
office in such primary election, if such individual permitted or
authorized the appearance of his name on the ballot, unless such
individual certifies to the Commission that he will not be an active
candidate in the primary involved.
(2) Qualified campaign expenses; payments to secretary.--Any candidate
who is ineligible under paragraph (1) to receive any payments under
section 9037 shall be eligible to continue to receive payments under
section 9037 to defray qualified campaign expenses incurred before the
date upon which such candidate becomes ineligible under paragraph (1).
(3) Calculation of voting percentage.--For purposes of paragraph
(1)(B), if the primary elections involved are held in more than one
State on the same date, a candidate shall be treated as receiving that
percentage of the votes on such date which he received in the primary
election conducted on such date in which he received the greatest
percentage vote.
(3) Reestablishment of eligibility.--
(A) In any case in which an individual is ineligible to receive
payments under section 9037 as a result of the operation of paragraph
(1)(A), the Commission may subsequently determine that such individual
is a candidate upon a finding that such individual is actively seeking
election to the office of President of the United States in more than
one State. The Commission shall make such determination without
requiring such individual to reestablish his eligibility to receive
payments under subsection (a).
(B) Notwithstanding the provisions of paragraph (1)(B), a candidate
whose payments have been terminated under paragraph (1)(B) may again
receive payments (including amounts he would have received but for
paragraph (1)(B)) if he receives 20 percent or more of the total
numbers of votes cast for candidates of the same party in a primary
election held after the date on which the election was held which was
the basis for terminating payments to him.
(Added Pub.L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88 Stat.
1299, and amended Pub.L. 94-283, title III, Sec. Sec. 305(c),
306(b)(2), May 11, 1976, 90 Stat. 499, 500.)
26 U.S.C. Sec. 9034. Entitlement of Eligible Candidates to Payments.
(a) In general.
Every candidate who is eligible to receive payments under section 9033
is entitled to payments under section 9037 in an amount equal to the
amount of each contribution received by such candidate on or after the
beginning of the calendar year immediately preceding the calendar year
of the presidential election with respect to which such candidate is
seeking nomination, or by his authorized committees, disregarding any
amount of contributions from any person to the extent that the total of
the amounts contributed by such person on or after the beginning of
such preceding calendar year exceeds $250. For purposes of this
subsection and section 9033(b), the term ``contribution'' means a gift
of money made by a written instrument which identifies the person
making the contribution by full name and mailing address, but does not
include a subscription, loan, advance, or deposit of money, or anything
of value or anything described in subparagraph (B), (C), or (D) of
section 9032(4).
(b) Limitations.
The total amount of payments to which a candidate is entitled under
subsection (a) shall not exceed 50 percent of the expenditure
limitation applicable under section 320(b)(1)(A) of the Federal
Election Campaign Act of 1971.
(Added Pub.L. 93-443, title IX, Sec. 408(c), Oct. 15, 1974, 88 Stat.
1299, and amended Pub.L. 94-283, title III, Sec. 307(b), May 11, 1976,
90 Stat. 501.)
26 U.S.C. Sec. 9035. Qualified Campaign Expense Limitation.
(a) Expenditure limitations.
No candidate shall knowingly incur qualified campaign expenses in
excess of the expenditure limitation applicable under section
320(b)(1)(A) of the Federal Election Campaign Act of 1971, and no
candidate shall knowingly make expenditures from his personal funds, or
the personal funds of his immediate family, in connection with his
campaign for nomination for election to the office of President in
excess of, in the aggregate, $50,000.
(b) Definition of immediate family.
For purposes of this section, the term ``immediate family'' means a
candidate's spouse, and any child, parent, grandparent, brother, half-
brother, sister, or half-sister of the candidate, and the spouses of
such persons.
(Added Pub.L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88 Stat.
1300, and amended Pub.L. 94-283, title III, Sec. Sec. 305(a), 307(c),
May 11, 1976, 90 Stat. 499, 501.)
26 U.S.C. Sec. 9036. Certification by Commission.
(a) Initial certifications.
Not later than 10 days after a candidate establishes his eligibility
under section 9033 to receive payments under section 9037, the
Commission shall certify to the Secretary for payment to such candidate
under section 9037 payment in full of amounts to which such candidate
is entitled under section 9034. The Commission shall make such
additional certifications as may be necessary to permit candidates to
receive payments for contributions under section 9037.
(b) Finality of determinations.
Initial certifications by the Commission under subsection (a), and all
determinations made by it under this chapter, are final and conclusive,
except to the extent that they are subject to examination and audit by
the Commission under section 9038 and judicial review under section
9041.
(Added Pub.L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88 Stat.
1300.)
26 U.S.C. Sec. 9037. Payments to Eligible Candidates.
(a) Establishment of account.
The Secretary shall maintain in the Presidential Election Campaign Fund
established by section 9006(a), in addition to any account which he
maintains under such section, a separate account to be known as the
Presidential Primary Matching Payment Account. The Secretary shall
deposit into the matching payment account, for use by the candidate of
any political party who is eligible to receive payments under section
9033, the amount available after the Secretary determines that amounts
for payments under section 9006(c) and for payments under section
9008(b)(3) are available for such payments.
(b) Payments from the matching payment account.
Upon receipt of a certification from the Commission under section 9036,
but not before the beginning of the matching payment period, the
Secretary shall promptly transfer the amount certified by the
Commission from the matching payment account to the candidate. In
making such transfers to candidates of the same political party, the
Secretary shall seek to achieve an equitable distribution of funds
available under subsection (a), and the Secretary shall take into
account in seeking to achieve an equitable distribution, the sequence
in which such certifications are received.
(Added Pub.L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88 Stat.
1300, and amended Pub.L. 94-455, title XIX, Sec. 1906(b)(13)(A), Oct.
4, 1976, 90 Stat. 1834.)
26 U.S.C. Sec. 9038. Examinations and Audits; Repayments.
(a) Examinations and audits.
After each matching payment period, the Commission shall conduct a
thorough examination and audit of the qualified campaign expenses of
every candidate and his authorized committees who received payments
under section 9037.
(b) Repayments.
(1) If the Commission determines that any portion of the payments made
to a candidate from the matching payment account was in excess of the
aggregate amount of payments to which such candidate was entitled under
section 9034, it shall notify the candidate, and the candidate shall
pay to the Secretary an amount equal to the amount of excess payments.
(2) If the Commission determines that any amount of any payment made to
a candidate from the matching payment account was used for any purpose
other than--
(A) to defray the qualified campaign expenses with respect to which
such payment was made, or
(B) to repay loans the proceeds of which were used, or otherwise to
restore funds (other than contributions to defray qualified campaign
expenses which were received and expended) which were used, to defray
qualified campaign expenses,
it shall notify such candidate of the amount so used, and the candidate
shall pay to the Secretary an amount equal to such amount.
(3) Amounts received by a candidate from the matching payment account
may be retained for the liquidation of all obligations to pay qualified
campaign expenses incurred for a period not exceeding 6 months after
the end of the matching payment period. After all obligations have been
liquidated, that portion of any unexpended balance remaining in the
candidate's accounts which bears the same ratio to the total unexpended
balance as the total amount received from the matching payment account
bears to the total of all deposits made into the candidate's accounts
shall be promptly repaid to the matching payment account.
(c) Notification.
No notification shall be made by the Commission under subsection (b)
with respect to a matching payment period more than 3 years after the
end of such period.
(d) Deposit of repayments.
All payments received by the Secretary under subsection (b) shall be
deposited by him in the matching payment account.
(Added Pub.L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88 Stat.
1300, and amended Pub.L. 94-455, title XIX, Sec. 1906(b)(13)(A), Oct.
4, 1976, 90 Stat. 1834.)
26 U.S.C. Sec. 9039. Reports to Congress; Regulations.
(a) Reports.
The Commission shall, as soon as practicable after each matching
payment period, submit a full report to the Senate and House of
Representatives setting forth--
(1) the qualified campaign expenses (shown in such detail as the
Commission determines necessary) incurred by the candidates of each
political party and their authorized committees,
(2) the amounts certified by it under section 9036 for payment to each
eligible candidate, and
(3) the amount of payments, if any, required from candidates under
section 9038, and the reasons for each payment required.
Each report submitted pursuant to this section shall be printed as a
Senate document.
(b) Regulations, etc.
The Commission is authorized to prescribe rules and regulations in
accordance with the provisions of subsection (c), to conduct
examinations and audits (in addition to the examinations and audits
required by section 9038(a)), to conduct investigations, and to require
the keeping and submission of any books, records, and information,
which it determines to be necessary to carry out its responsibilities
under this chapter.
(c) Review of regulations.
(1) The Commission, before prescribing any rule or regulation under
subsection (b), shall transmit a statement with respect to such rule or
regulation to the Senate and to the House of Representatives, in
accordance with the provisions of this subsection. Such statement shall
set forth the proposed rule or regulation and shall contain a detailed
explanation and justification of such rule or regulation.
(2) If either House does not, through appropriate action, disapprove
the proposed rule or regulation set forth in such statement no later
than 30 legislative days after receipt of such statement, then the
Commission may prescribe such rule or regulation. Whenever a committee
of the House of Representatives reports any resolution relating to any
such rule or regulation, it is at any time thereafter in order (even
though a previous motion to the same effect has been disagreed to) to
move to proceed to the consideration of the resolution. The motion is
highly privileged and is not debatable. An amendment to the motion is
not in order, and it is not in order to move to reconsider the vote by
which the motion is agreed to or disagreed to. The Commission may not
prescribe any rule or regulation which is disapproved by either House
under this paragraph.
(3) For purposes of this subsection, the term ``legislative days'' does
not include any calendar day on which both Houses of the Congress are
not in session.
(4) For purposes of this subsection, the term ``rule or regulation''
means a provision or series of interrelated provisions stating a single
separable rule of law.
(Added Pub.L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88 Stat.
1301, and amended Pub.L. 94-283, title III, Sec. 304(b), May 11, 1976,
90 Stat. 499.)
26 U.S.C. Sec. 9040. Participation by Commission in Judicial
Proceedings.
(a) Appearance by counsel.
The Commission is authorized to appear in and defend against any action
instituted under this section, either by attorneys employed in its
office or by counsel whom it may appoint without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and whose compensation it may fix without
regard to the provisions of chapter 51 and subchapter III of chapter 53
of such title.
(b) Recovery of certain payments.
The Commission is authorized, through attorneys and counsel described
in subsection (a), to institute actions in the district courts of the
United States to seek recovery of any amounts determined to be payable
to the Secretary as a result of an examination and audit made pursuant
to section 9038.
(c) Injunctive relief.
The Commission is authorized, through attorneys and counsel described
in subsection (a), to petition the courts of the United States for such
injunctive relief as is appropriate to implement any provision of this
chapter.
(d) Appeal.
The Commission is authorized on behalf of the United States to appeal
from, and to petition the Supreme Court for certiorari to review,
judgments or decrees entered with respect to actions in which it
appears pursuant to the authority provided in this section.
(Added Pub.L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88 Stat.
1302, and amended Pub.L. 94-455, title XIX, Sec. 1906(b)(13)(A), Oct.
4, 1976, 90 Stat. 1834.)
26 U.S.C. Sec. 9041. Judicial Review.
(a) Review of agency action by the Commission.
Any agency action by the Commission made under the provisions of this
chapter shall be subject to review by the United States Court of
Appeals for the District of Columbia Circuit upon petition filed in
such court within 30 days after the agency action by the Commission for
which review is sought.
(b) Review procedures.
The provisions of chapter 7 of title 5, United States Code, apply to
judicial review of any agency action, as defined in section 551(13) of
title 5, United States Code, by the Commission.
(Added Pub.L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88 Stat.
1302.)
26 U.S.C. Sec. 9042. Criminal Penalties.
(a) Excess campaign expenses.
Any person who violates the provisions of section 9035 shall be fined
not more than $25,000, or imprisoned not more than 5 years, or both.
Any officer or member of any political committee who knowingly consents
to any expenditure in violation of the provisions of section 9035 shall
be fined not more than $25,000, or imprisoned not more than 5 years, or
both.
(b) Unlawful use of payments.
(1) It is unlawful for any person who receives any payment under
section 9037, or to whom any portion of any such payment is
transferred, knowingly and willfully to use, or authorize the use of,
such payment or such portion for any purpose other than--
(A) to defray qualified campaign expenses, or
(B) to repay loans, the proceeds of which were used, or otherwise to
restore funds (other than contributions to defray qualified campaign
expenses which were received and expended) which were used, to defray
qualified campaign expenses.
(2) Any person who violates the provisions of paragraph (1) shall be
fined not more than $10,000, or imprisoned not more than 5 years, or
both.
(c) False statements, etc.
(1) It is unlawful for any person knowingly and willfully--
(A) to furnish any false, fictitious, or fraudulent evidence, books, or
information to the Commission under this chapter, or to include in any
evidence, books, or information so furnished any misrepresentation of a
material fact, or to falsify or conceal any evidence, books, or
information relevant to a certification by the Commission or an
examination and audit by the Commission under this chapter, or
(B) to fail to furnish to the Commission any records, books, or
information requested by it for purposes of this chapter.
(2) Any person who violates the provisions of paragraph (1) shall be
fined not more than $10,000, or imprisoned not more than 5 years, or
both.
(d) Kickbacks and illegal payments.
(1) It is unlawful for any person knowingly and willfully to give or
accept any kickback or any illegal payment in connection with any
qualified campaign expense of a candidate, or his authorized
committees, who receives payments under section 9037.
(2) Any person who violates the provisions of paragraph (1) shall be
fined not more than $10,000, or imprisoned not more than 5 years, or
both.
(3) In addition to the penalty provided by paragraph (2), any person
who accepts any kickback or illegal payment in connection with any
qualified campaign expense of a candidate or his authorized committees
shall pay to the Secretary for deposit in the matching payment account
an amount equal to 125 percent of the kickback or payment received.
(Added Pub.L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88 Stat.
1302.)
K. Communications Media (Title 47, United States Code)
47 U.S.C. Sec. 312. Administrative Sanctions--Revocation of Station
License or Construction Permit.
(a) Revocation of station license or construction permit.
The Commission may revoke any station license or construction permit--
[See main volume for text of (1) to (4).]
(5) for violation of or failure to observe any final cease and desist
order issued by the Commission under this section;
(6) for violation of section 1304, 1343, or 1464 of title 18; or
(7) for willful or repeated failure to allow reasonable access to or to
permit purchase of reasonable amounts of time for the use of a
broadcasting station by a legally qualified candidate for Federal
elective office on behalf of his candidacy.
[See main volume for text of (b) to (e).]
(f) Willful or repeated violations.
For purposes of this section:
(1) The term ``willful'', when used with reference to the commission or
omission of any act, means the conscious and deliberate commission or
omission of such act, irrespective of any intent to violate any
provision of this chapter or any rule or regulation of the Commission
authorized by this chapter or by a treaty ratified by the United
States.
(2) The term ``repeated'', when used with reference to the commission
or omission of any act, means the commission or omission of such act
more than once, or, if such commission or omission is continuous, for
more than one day.
(As amended Feb. 7, 1972, Pub.L. 92-225, title I, Sec. 103(a)(2)(A), 86
Stat. 4; Sept. 13, 1982, Pub.L. 97-259, title I, Sec. 117, 96 Stat.
1095.)
47 U.S.C. Sec. 315. Candidates for Public Office.
(a) Equal opportunities requirement; censorship prohibition; allowance
of station use; news appearances exception; public interest; public
issues discussion opportunities.
If any licensee shall permit any person who is a legally qualified
candidate for any public office to use a broadcasting station, he shall
afford equal opportunities to all other such candidates for that office
in the use of such broadcasting station: Provided, That such licensee
shall have no power of censorship over the material broadcast under the
provisions of this section. No obligation is imposed under this
subsection upon any licensee to allow the use of its station by any
such candidate. Appearance by a legally qualified candidate on any--
(1) bona fide newscast,
(2) bona fide news interview,
(3) bona fide news documentary (if the appearance of the candidate is
incidental to the presentation of the subject or subjects covered by
the news documentary), or
(4) on-the-spot coverage of bona fide news events (including but not
limited to political conventions and activities incidental thereto),
shall not be deemed to be use of a broadcasting station within the
meaning of this subsection. Nothing in the foregoing sentence shall be
construed as relieving broadcasters, in connection with the
presentation of newscasts, news interviews, news documentaries, and on-
the-spot coverage of news events, from the obligation imposed upon them
under this chapter to operate in the public interest and to afford
reasonable opportunity for the discussion of conflicting views on
issues of public importance.
(b) Broadcast media rates.
The charges made for the use of any broadcasting station by any person
who is a legally qualified candidate for any public office in
connection with his campaign for nomination for election, or election,
to such office shall not exceed--
(1) during the forty-five days preceding the date of a primary or
primary runoff election and during the sixty days preceding the date of
a general or special election in which such person is a candidate, the
lowest unit charge of the station for the same class and amount of time
for the same period; and
(2) at any other time, the charges made for comparable use of such
station by other users thereof.
(c) Definitions.
For purposes of this section--
(1) the term ``broadcasting station'' includes a community antenna
television system; and
(2) the terms ``licensee'' and ``station licensee'' when used with
respect to a community antenna television system mean the operator of
such system.
(d) Rules and regulations.
The Commission shall prescribe appropriate rules and regulations to
carry out the provisions of this section.
(June 19, 1934, ch. 652, title III, Sec. 315, 48 Stat. 1088; July 16,
1952, ch. 879, Sec. 11, 66 Stat. 717; Pub.L. 86-274, Sec. 1, Sept. 14,
1959, 73 Stat. 557; Pub.L. 92-225, title I, Sec. 103(a)(1), (2)(B),
104(c), Feb. 7, 1972, 86 Stat. 4, 7; Pub.L. 93-443, title IV, Sec. 402,
Oct. 15, 1974, 88 Stat. 1291.)
PART II. NOMINATION OF THE PRESIDENT AND VICE PRESIDENT
A. Calendar for Party Caucuses/Conventions and Presidential Primaries
in 2000
------------------------------------------------------------------------
Presidential
Dates Caucuses/Conventions Primaries
------------------------------------------------------------------------
January 24................ Iowa................. .....................
February 1................ ..................... New Hampshire.
February 5................ ..................... Delaware (D).
February 8................ ..................... Delaware (R).
February 19............... ..................... South Carolina (R).
February 22............... ..................... Arizona, Michigan.
February 26............... American Samoa, Guam, .....................
Virgin Islands
(Republican only).
February 29............... North Dakota (R)..... Virginia, Washington.
March 5................... ..................... Puerto Rico (R).
March 7................... American Samoa (D) California,
Hawaii (D), Connecticut,
Minnesota, North Georgia, Maine,
Dakota. Maryland,
Massachusetts,
Missouri, New York,
Ohio, Rhode Island,
Vermont.
March 9................... ..................... South Carolina (D).
March 10.................. ..................... Colorado, Utah,
Wyoming.
March 11.................. Michigan (D)......... Arizona (D).
March 12.................. ..................... Puerto Rico (D).
March 14.................. ..................... Florida, Louisiana,
Mississippi,
Oklahoma, Tennessee,
Texas.
March 21.................. ..................... Illinois.
April 1................... Virgin Islands (D)... .....................
April 4................... ..................... Kansas, Pennsylvania,
Wisconsin.
May 2..................... ..................... District of Columbia,
Indiana, North
Carolina.
May 6..................... Guam (D)............. .....................
May 9..................... ..................... Nebraska, West
Virginia.
May 16.................... ..................... Oregon.
May 19.................... Alaska (R) .....................
Convention, Hawaii.
May 19-21................. Nevada (D) Convention .....................
May 20.................... Alaska (D) Convention .....................
May 23.................... ..................... Arkansas, Idaho,
Kentucky.
May 25.................... Nevada (R) Convention .....................
June 3.................... Virginia (D) .....................
Convention..
June 6.................... ..................... Alabama, Montana, New
Jersey, New Mexico,
South Dakota.
------------------------------------------------------------------------
B. Background of the National Nominating Conventions, Presidential
Primaries, and the Selection of Delegates *
The United States Constitution does not authorize the establishment of
political parties nor does it prohibit their establishment. The
Founding Fathers did not have a favorable attitude toward political
parties and even saw them as possible threats to state government.\1\
When the new government was being formed, two competing parties
developed, one of which favored the adoption of the Constitution and
the other of which was against the adoption of the Constitution. The
Federalist Party favored a strong central government and was comprised
of merchants, shippers, and financiers, among others. The other party
was comprised of members who were anti-federalist who opposed a strong
central government and sought to preserve the sovereignty of the
states.\2\
---------------------------------------------------------------------------
\*\ By L. Paige Whitaker, Legislative Attorney, Congressional Research
Service, Library of Congress.
\1\ National Party Conventions 1831-1976, Congressional Quarterly.
Sept. 1979, p. 1.
\2\ Ibid.
---------------------------------------------------------------------------
The Constitution does not provide for any formal nominating procedures
for candidates for President and Vice President outside of those
provisions relating to the Electoral College.\3\ With the advent of
political parties, the inadequacies of the Electoral College system of
electing a President and Vice President became manifest, especially in
regard to the nominating process.\4\
---------------------------------------------------------------------------
\3\ W. Crotty. Presidential Nominating Procedures, History of
Presidential Nomination Practices, v. 1, p. xiv, National Municipal
League (1974).
\4\ Ibid.
---------------------------------------------------------------------------
In the first presidential election in 1789, there were no formal
nominations, and the Electoral College method for choosing a President
and Vice President was used. In the presidential election of 1792,
there was no attempt to challenge President Washington, although a
political party by the name of the Democratic-Republicans
unsuccessfully presented a challenge to Vice President Adams.\5\ The
presidential election of 1796 was the first time that the congressional
caucus was used as a nominating method. The congressional caucus system
was used for nominating presidential candidates as there was a need for
limiting the number of party candidates and for unifying the elections
of a political party.\6\ The caucus system of nominating presidential
candidates had some serious limitations: (1) the nominating process did
not include non-congressional persons; (2) state influence was limited
according to the number of its congressmen and even to the party
affiliations of the congressmen; and (3) Congress was a dominant force
in presidential matters since the President would likely be more
responsive to the Congressmen who nominated him than to the people.\7\
---------------------------------------------------------------------------
\5\ National Party Conventions, supra at p. 2.
\6\ W. Crotty, supra at p. xiv.
\7\ Ibid.
---------------------------------------------------------------------------
Later state-based legislative systems of nominating Presidents, which
were used in the 1828 presidential election of Andrew Jackson,
eventually eliminated the congressional caucus method of nomination. By
1840, the major political parties began holding national conventions
with delegates selected from the various states to nominate their
candidates for President and Vice President. The national conventions
provided for broader electoral participation in the presidential
nominating process than the congressional caucus or state-based
legislative systems. However, even the national conventions had their
drawbacks. The delegate selection procedures varied from state to
state; state party bosses and political machines often controlled the
selection of delegates to the national nominating conventions.\8\
---------------------------------------------------------------------------
\8\ Id., xv. See also E. McChesney Sait. American Parties and
Elections, pp. 316-319, D. Appleton-Century Co. (New York, 1939).
---------------------------------------------------------------------------
In 1968, the major political parties began to reform and democratize
the delegate selection procedures to provide for greater participation
by all voters affiliated with them, including such groups as blacks,
youth, women, and minorities. In the Democratic Party, the McGovern-
Fraser Commission was established and was mandated to draft a delegate
plan that would be an ``open'' system of delegate selection to insure
every Democrat ``a full, meaningful and timely'' opportunity to
participate, beginning with the 1972 Convention. The 1968 Republican
National Convention established the Delegates and Organization
Committee to make recommendations to achieve the broadest possible
participation in the Party's affairs. The 1972 Republican Convention
adopted five of the ten recommendations made by the Committee and
incorporated them into the 1976 delegate selection rules. In both the
Democratic and Republican parties, the state parties still exercise
much power in the delegate selection procedures; however, the impetus
that has been taken by the national parties for broader participation
has provided for more due process in the selection and seating of
national nominating convention delegates.\9\
---------------------------------------------------------------------------
\9\ W. Crotty, supra at pp. xvii-xix.
---------------------------------------------------------------------------
In October, 1975, the Democratic National Committee (DNC) established a
committee to study the problem of the presidential primaries and to
review delegate selection rules of the Democratic Party.\10\ The
Commission was chaired by Michigan State Chairman, Morley Winograd, and
became known as the Winograd Commission. It was composed of fifty-eight
members. Among some of the major recommendations were the following:
(1) shortening the delegate selection period from six months to three
months (from the second Tuesday in March to the second Tuesday in
June); (2) increasing the size of state delegations by ten percent to
accommodate state party and elected officials; and (3) limiting
participation in the delegate selection process to Democrats only by
disallowing open, cross-over primaries whereby voters could participate
in the Democratic delegate selection process without declaring their
party affiliation.\11\
---------------------------------------------------------------------------
\10\ National Party Conventions, supra, at pp. 10-11.
\11\ Id., 11-12.
---------------------------------------------------------------------------
In 1982, the DNC established another commission to review the delegate
selection process to the Democratic national nominating convention. The
commission has become known as the Hunt Commission, named after its
chairman, North Carolina Governor, James B. Hunt, Jr. The Hunt
Commission made the following recommendations which were substantially
adopted by the DNC: (1) shortening the presidential preference primary
and caucus season; (2) eliminating the bound delegate rule so as to
allow delegates who are pledged to a candidate in all good conscience
to reflect the sentiments of these who elected them; and (3) increasing
the participation of elected officials, especially Members of
Congress.\12\
---------------------------------------------------------------------------
\12\ Hunt Commission Reports, Boosts ``Insider'' Influence, Campaign
Practices Reports, Feb. 1, 1982, p. 4. See also, M. Malbin, The
Democratic Party's Rules Changes--Will They Help Or Hurt It? National
Journal, Jan. 23, 1982. pp. 139, 165.
---------------------------------------------------------------------------
Thus, from 1972 to 1988, the Democratic Party amended its delegate
selection rules to provide participation by grassroots Democrats and by
minorities and by women. Such rules were the products of: (1) the
McGovern-Fraser Commission in 1972, (2) the Mikulski Commission in
1976, (3) the Winograd Commission in 1980, (4) the Hunt Commission in
1984, and (5) the Fowler Commission in 1988.\13\
---------------------------------------------------------------------------
\13\ T. Michael, Explanation and History: Delegate Selection Rules for
the 1992 Democratic Convention, Sept. 26, 1990, p.1.
---------------------------------------------------------------------------
Part of the reform of the presidential nominating process has centered
around presidential preference primaries. In the early part of the
twentieth century, the movement toward democratization of the
presidential nominating process provided the impetus for many states to
adopt presidential primaries. The Progressives desired to open up the
presidential nominating process through the use of presidential
primaries in order to help end the boss-dominated conventions and to
aid in the selection of candidates who would be more responsive to the
electorate.\14\
---------------------------------------------------------------------------
\14\ W. Crotty, supra at xvi.
---------------------------------------------------------------------------
In 1904, Florida enacted the first primary law and authorized political
parties to choose all or some of their national convention delegates in
the primary. In 1905, the State of Wisconsin adopted a presidential
primary that required political parties to choose their national
convention delegates in the primary. By 1916, twenty-six States had
adopted presidential primary laws. This number dwindled over the next
half century so that by 1968, only sixteen States and the District of
Columbia had presidential primaries.\15\
---------------------------------------------------------------------------
\15\ Id., xvi-xvii.
---------------------------------------------------------------------------
Presidential preference primaries may be classified according to four
different types of primaries: delegates selection only; advisory
presidential preference; binding, winner-take-all presidential
preference; and proportional representation presidential preference. In
the delegate selection primary, the names of the presidential
candidates do not appear separately on the ballot, but rather the names
of the delegates appear on the ballot listed individually or by slate
and usually identified by presidential preference. In an advisory
presidential preference primary, the vote for the presidential
candidate is generally advisory only and is used for the sole purpose
of securing an expression of sentiment and will of party voters as
preferring a certain presidential candidate. In a binding, winner-take-
all presidential preference primary, the results of the presidential
preference primary generally bind the delegation to the national
convention to the primary winner. A ``loophole'' primary is a primary
that provides for winner-take-all by congressional district. In a
proportional representation presidential preference primary, the
results of the primary are used to allocate national convention
delegates to presidential candidates based on the proportion of the
vote they receive.\16\
---------------------------------------------------------------------------
\16\ Id., xx-xxiii. The classifications of presidential primary states
have also been described as six types: (1) no direct presidential
preference poll; binding delegate selection primary; (2) advisory
presidential preference poll; separate delegate selection primary; (3)
binding ``winner-take-all'' presidential preference poll; separate
delegate selection primary; (4) binding ``proportional'' presidential
preference poll; separate delegate selection primary; (5) binding
``proportionate'' presidential preference poll; no delegate selection
primary; and (6) advisory (with option for binding) presidential
preference poll; district delegate selection primary. Ibid.
---------------------------------------------------------------------------
The type of presidential preference primary may be determined by the
primary election laws of the particular state or it may be determined
by the party rules of each political party if the election laws so
provide. In many states, the Democrats and the Republicans hold
different types of presidential preference primaries in the selection
of delegates to their respective national nominating conventions.
Presidential primaries are as varied as delegate selection procedures
due to differences in state statutes, party constitutions, party rules
and regulations, party by-laws, and delegate selection plans.
Many states elect all or part of their national nominating convention
delegates by state and congressional district caucuses and/or
conventions. In many states, the caucus/convention process of selecting
delegates begins with local precinct caucuses which are held to select
delegates to county conventions or district conventions. In turn,
county conventions or district conventions select delegates to
congressional district conventions and to the state convention. Then
the delegates to the national nominating conventions are selected by
the congressional district conventions and the state convention
according to state statutes and state party rules. This delegate
selection process varies from state to state due to differences in
state party rules, state statutes, state party delegate selection
plans, and the national party rules governing the selection of
delegates; accordingly, these rules, plans, and statutes should be
examined in order to determine the exact manner of selecting such
delegates in any particular state.\17\
---------------------------------------------------------------------------
\17\ See Part III relating to a fifty-state survey of state laws and
party rules concerning the selection of delegates to the national
nominating conventions.
---------------------------------------------------------------------------
C. Significant Court Decisions Affecting Delegate Selection Procedures
and the Convention System\1\
---------------------------------------------------------------------------
\1\ By L. Paige Whitaker, Legislative Attorney, Congressional Research
Service, Library of Congress.
Due to the freedom of association provided by the First Amendment,
political parties have traditionally enjoyed great freedom in their
efforts to advance their political goals. As the Supreme Court stated
in the 1958 case of NAACP v. Alabama ex rel. Patterson,\2\:
---------------------------------------------------------------------------
\2\ 357 U.S. 449 (1958).
---------------------------------------------------------------------------
It is beyond debate that freedom to engage in association for the
advancement of beliefs and ideas is an inseparable aspect of the
``liberty'' assured by the Due Process Clause of the Fourteenth
Amendment, which embraces freedom of speech * * * Of course, it is
immaterial whether the beliefs sought to be advanced by association
pertain to political, economic, religious, or cultural matters, and
state action which may have the effect of curtailing the freedom to
associate is subject to the closest scrutiny.\3\
---------------------------------------------------------------------------
\3\ Id. at 460-461.
---------------------------------------------------------------------------
In recent years, however, a conflict has developed between this freedom
of political parties and the freedom of each individual to participate
equally in the political process. The Third Circuit summarized this
conflict in Redfern v. Delaware Republican State Committee:\4\
---------------------------------------------------------------------------
\4\ 502 F.2d. 1123 (3rd Cir. 1971).
---------------------------------------------------------------------------
This appeal involves, but unfortunately does not resolve, the conflict
between two constitutionally protected interests; the right of freedom
of association for the achievement of desired political ends--protected
by the first amendment--and the right to have one's vote in an election
for public office given equal weight with that of other voters--
protected by the equal protection clause of the fourteenth
amendment.\5\
---------------------------------------------------------------------------
\5\ Id. at 1125.
---------------------------------------------------------------------------
As a result of this conflict, there have been several challenges to
party rules by those claiming that delegate apportionment guidelines,
under certain circumstances, violate the ``one person, one vote'' equal
protection standard established by the Supreme Court in the landmark
case of Baker v. Carr.\6\
---------------------------------------------------------------------------
\6\ 369 U.S. 186 (1962).
---------------------------------------------------------------------------
For example, in Ripon Society v. National Republican Party,\7\ the
District of Columbia Circuit addressed this issue, holding that the
particular nature and goals of a political party were such as to make
permissible some deviation from the one person, one vote standard.\8\
In this case, the Ripon Society, an organization associated with the
National Republican Party, and party members from several states who
claimed to be underrepresented under the formula for apportionment of
delegates to the 1976 Republican National Convention, brought suit
challenging this formula. The challenge was primarily directed to that
part of the formula which apportioned 607 delegates, representing 27
percent of the total of approximately 2,242 delegates to the
Convention, on the basis of a Republican vote in the 1972 Presidential
election and on the basis of Republican victories in the 1972 and 1974
senatorial, gubernatorial, and congressional elections. Plaintiffs
claimed that this formula unfairly discriminated against party members
residing in states which had not fashioned such Republican victories,
denying them their constitutional right of equal representation under
the ``one-person, one-vote'' doctrine.\9\ The lower court had found
that the use of the uniform victory bonuses was improper and enjoined
their use in the apportionment of delegates to the 1976 convention.\10\
On a rehearing en banc, however, the Court of Appeals reversed their
earlier decision and ruled in favor of the proposed allocation formula.
---------------------------------------------------------------------------
\7\ 525 F.2d 567 (D.C. Cir. 1975), cert. den. 424 U.S. 186 (1976).
\8\ Id. at 588.
\9\ Id. at 570-73.
\10\ Ripon Sec. Inc. v. National Republican Party, 369 F. Supp. 368
(D.D.C. 1974).
---------------------------------------------------------------------------
After reviewing pertinent precedents, the Ripon court concluded:
The Supreme Court inquiry into these matters has led it to the
conclusion that where the assembly exercises formal governmental powers
one person, one vote is ordinarily required. A similar inquiry in other
contexts may well reveal that the public and private interests in
making decisions through some other scheme of representation outweigh
the interests served by numerically equal apportionment.\11\
---------------------------------------------------------------------------
\11\ Id. at 580.
Questions have also arisen as to the power of the individual states to
legislate with regard to delegate selection procedures. In Cousins v.
Wigoda,\12\ the Supreme Court held that the states do not have a
constitutionally mandated role in the task of selecting presidential
and vice-presidential candidates.\13\ Under this ruling, party rules
would preempt and supersede state laws governing selection and
apportionment of party delegates in case of any conflict.
---------------------------------------------------------------------------
\12\ 419 U.S. 477 (1975).
\13\ Id. at 489-90.
---------------------------------------------------------------------------
The Cousins case arose when, on March 21, 1972, pursuant to the
Illinois Code, Illinois voters elected their State's delegation to the
1972 Democratic National Convention. The petitioners (``Cousins
delegates'') challenged the seating of 59 of these delegates from the
Chicago districts (``Wigoda delegates'') before the National Democratic
Party's Credentials Committee, claiming that the composition of this
group violated various guidelines which had been promulgated by the
party and included in the call of the convention. The party's hearing
officer found violations of party guidelines covering minority group
participation, women and youth participation, existence of party rules,
adequate notice of party affairs, timing of party affairs, and slate
making. The Credentials Committee then adopted the hearing officer's
recommendation that the Wigoda delegates be unseated and the Cousins
delegates, who had been chosen previously at private caucuses and some
of whom had been unsuccessful in the March primary, be seated in their
place. Two days before the convention opened, the Wigoda delegates
obtained an injunction from the Circuit Court of Cook County enjoining
the Cousins delegates from participating in the convention. After the
convention adopted the Credential Committee's recommendation to seat
the Cousins delegates, however, they took their seats and participated
fully in convention proceedings. As a result, there was action to
adjudge the Cousins delegates in contempt of the injunction, which
action was stayed pending the Supreme Court's decision.\14\ The
Illinois Appellate Court affirmed the injunction,\15\ holding that the
Illinois Election Code exclusively governs the right to sit as a
delegate representing Illinois at the national nominating convention.
---------------------------------------------------------------------------
\14\ Id. at 478-81.
\15\ 14 Ill. App. 3d 460, 302 N.E. 2d 614 (1973).
---------------------------------------------------------------------------
The Supreme Court reversed the Illinois Appellate Court's decision,
holding that Illinois' interest in protecting the integrity of its
electoral process cannot be considered compelling in the context of the
selection of delegates for the national nominating convention.\16\
Citing Kusper v. Pontikes,\17\ the Court recognized that a person's
right to associate with the political party of his or her choice is an
integral part of the freedom of association granted under the First and
Fourteenth Amendments. Moreover, the competing state interest in
protecting the integrity of its electoral process is not compelling
because suffrage was already exercised at the primary election to elect
delegates to the party convention in order for such delegates to
``perform a task of supreme importance to every citizen of the Nation
regardless of their State of residence.''\18\ Hence, the Court
concluded that ``[c]onsideration of the special function of delegates
to such a Convention militates persuasively against the conclusion that
the asserted interest constitutes a compelling state interest.''\19\
---------------------------------------------------------------------------
\16\ 419 U.S. at 491.
\17\ 414 U.S. 51, 56-57 (1957).
\18\ 419 U.S. at 489.
\19\ Id.
---------------------------------------------------------------------------
Notably, the Supreme Court in Cousins v. Wigoda stressed that its
opinion did not resolve any related constitutional questions,
specifically enumerating the following three areas as excluded from the
scope of the decision:
(1) whether the decisions of a national political party in the area of
delegate selection constitute State or governmental action, and, if so,
whether or to what extent principles of the political question doctrine
counsel against judicial intervention * * *
(2) whether national political parties are subject to the principles of
the reapportionment decisions, or other constitutional restraints, in
their methods of delegate selection and allocation * * *
(3) whether or to what extent national political parties and their
nominating conventions are regulable by, or only by, Congress * * *
\20\
---------------------------------------------------------------------------
\20\ Id. at 483-84 n. 4.
---------------------------------------------------------------------------
The Supreme Court has also found that the rules of a national political
party are entitled to the greatest, if not paramount, weight in
determining eligibility to serve as delegate to a national party
convention. For example, in Democratic Party of the United States v.
Wisconsin ex rel. La Follette,\21\ the Court held that the state of
Wisconsin could not constitutionally require that its delegates be
seated at a national party's national nominating convention.\22\ The
1980 Charter of the Democratic Party provided that the delegates to the
convention be chosen through procedures in which only members of the
party could participate and the delegate selection rules provided that
only those who wished to affiliate publicly with the Democratic Party
could participate in the selection of delegates to the national
convention. The election laws of Wisconsin, however, provided for an
open primary, which allowed voters to vote in a party presidential
primary without requiring a public declaration of party preference and
without regard to party affiliation. The Democratic National Party
indicated that the delegates who were bound to vote according to the
results of the open primary would not be seated at the national
convention. As a result, a suit was brought and the Wisconsin Supreme
Court held that the open primary system of selecting delegates to the
national convention was constitutional and binding upon the Democratic
National Party and that the state's delegates could not be disqualified
from being seated at the national nominating convention.\23\
---------------------------------------------------------------------------
\21\ 450 U.S. 107 (1981).
\22\ Id. at 126.
\23\ Id. at 109-112.
---------------------------------------------------------------------------
On appeal, the United States Supreme Court reversed, holding that it
was permissible for a national political party to refuse to seat state
delegates who were elected in an open primary in a procedure that was
violative of the national party's rules.\24\ According to the Court,
the states do not have a constitutionally mandated role in regulating
and governing the task of the national conventions to nominate
presidential and vice presidential candidates and in determining the
qualifications and eligibility of delegates to the national conventions
of political parties, no primacy is to be accorded to a state's
election laws over a national party's rules.\25\
---------------------------------------------------------------------------
\24\ Id. at 126.
\25\ Id. at 121-25.
---------------------------------------------------------------------------
D. FEC Regulations on Delegates and Delegate Committees
11 CFR Parts 100 and 110
Contributions to and Expenditures by Delegates to National Nominating
Conventions
11 CFR Sec. 100.5 Political committee (2 U.S.C. Sec. 431 (4), (5),
(6)).
* * * * * * *
(e) * * *
(5) Delegate committee. A delegate committee is a group of persons that
receives contributions or makes expenditures for the sole purpose of
influencing the selection of one or more delegates to a national
nominating convention. The term ``delegate committee'' includes a group
of delegates, a group of individuals seeking selection as delegates and
a group of individuals supporting delegates. A delegate committee that
qualifies as a political committee under 11 CFR 100.5 must register
with the Commission pursuant to 11 CFR Part 102 and report its receipts
and disbursements in accordance with 11 CFR Part 104. (See definition
of ``delegates'' at 11 CFR 110.14(b)(1).)
* * * * * * *
11 C.F.R. Sec. 110.1 Contributions by persons other than
multicandidate political committees (2 U.S.C. Sec. 441a(a)(1)).
* * * * * * *
(m) Contributions to delegates and delegate committees. (1)
Contributions to delegates for the purpose of furthering their
selection under 11 CFR 110.14 are not subject to the limitations of
this section.
(2) Contributions to delegate committees under 11 CFR 110.14 are
subject to the limitations of this section.
11 C.F.R. Sec. 110.2 Contributions by multicandidate political
committees (2 U.S.C. Sec. 441a(a)(2)).
* * * * * * *
(j) Contributions to delegates and delegate committees. (1)
Contributions to delegates for the purpose of furthering their
selection under 11 CFR 110.14 are not subject to the limitations of
this section.
(2) Contributions to delegate committees under 11 CFR 110.14 are
subject to the limitations of this section.
11 C.F.R. Sec. 110.14 Contributions to and expenditures by delegates
and delegate committees.
(a) Scope. This section sets forth the prohibitions, limitations and
reporting requirements under the Act applicable to all levels of a
delegate selection process.
(b) Definitions--(1) Delegate. Delegate means an individual who becomes
or seeks to become a delegate, as defined by State law or party rule,
to a national nominating convention or to a State, district, or local
convention, caucus or primary that is held to select delegates to a
national nominating convention.
(2) Delegate committee. A delegate committee is a group of persons that
receives contributions or makes expenditures for the sole purpose of
influencing the selection of one or more delegates to a national
nominating convention. The term ``delegate committee'' includes a group
of delegates, a group of individuals seeking selection as delegates and
a group of individuals supporting delegates. A delegate committee that
qualifies as a political committee under 11 CFR 100.5 must register
with the Commission pursuant to 11 CFR Part 102 and report its receipts
and disbursements in accordance with 11 CFR Part 104.
(c) Funds received and expended; Prohibited funds. (1) Funds received
or disbursements made for the purpose of furthering the selection of a
delegate to a national nominating convention are contributions or
expenditures for the purpose of influencing a federal election, see 11
CFR 100.2 (c)(3) and (e), except that--
(i) Payments made by an individual to a State committee or subordinate
State committee as a condition for ballot access as a delegate are not
contributions or expenditures. Such payments are neither required to be
reported under 11 CFR Part 104 nor subject to limitation under 11 CFR
110.1; and
(ii) Payments made by a State committee or subordinate State party
committee for administrative expenses incurred in connection with
sponsoring conventions or caucuses during which delegates to a national
nominating convention are selected are not contributions or
expenditures. Such payments are neither required to be reported under
11 CFR Part 104 nor subject to limitation under 11 CFR 110.1 and 110.2.
(2) All funds received or disbursements made for the purpose of
furthering the selection of a delegate to a national nominating
convention, including payments made under paragraphs (c)(1)(i) and
(c)(1)(ii) of this section, shall be made from funds permissible under
the Act. See 11 CFR Parts 110, 114 and 115.
(d) Contributions to a delegate. (1) The limitations on contributions
to candidates and political committees under 11 CFR 110.1 and 110.2 do
not apply to contributions made to a delegate for the purpose of
furthering his or her selection; however, such contributions do count
against the limitation on contributions made by an individual in a
calendar year under 11 CFR 110.5.
(2) Contributions to a delegate made by the authorized committee of a
presidential candidate count against the presidential candidate's
expenditure limitation under 11 CFR 110.8(a).
(3) A delegate is not required to report contributions received for the
purpose of furthering his or her selection.
(e) Expenditures by delegate to advocate only his or her selection. (1)
Expenditures by a delegate that advocate only his or her selection are
neither contributions to a candidate, subject to limitation under 11
CFR 110.1, nor chargeable to the expenditure limits of any Presidential
candidate under 11 CFR 110.8(a). Such expenditures may include, but
are not limited to: Payments for travel and subsistence during the
delegate selection process, including the national nominating
convention, and payments for any communications advocating only the
delegate's selection.
(2) A delegate is not required to report expenditures made to advocate
only his or her selection.
(f) Expenditures by a delegate referring to a candidate for public
office--(1) Volunteer activities that do not use public political
advertising. (i) Expenditures by a delegate to defray the costs of
certain campaign materials (such as pins, bumper stickers, handbills,
brochures, posters and yard signs) that advocate his or her selection
and also include information on or reference to a candidate for the
office of President or any other public office are neither
contributions to the candidate referred to nor subject to limitation
under 11 CFR 110.1 provided that:
(A) The materials are used in connection with volunteer activities; and
(B) The expenditures are not for costs incurred in the use of
broadcasting, newspapers, magazines, billboards, direct mail or similar
types of general public communication or political advertising.
(ii) Such expenditures are not chargeable to the expenditure limitation
of a presidential candidate under 11 CFR 110.8(a).
(iii) A delegate is not required to report expenditures made pursuant
to this paragraph.
(2) Use of public political advertising. A delegate may make
expenditures to defray costs incurred in the use of broadcasting,
newspapers, magazines, billboards, direct mail or similar types of
general public communication or political advertising to advocate his
or her selection and also include information on or reference to a
candidate for the office of President or any other public office.
(i) Such expenditures are in-kind contributions to a Federal candidate
if they are made in cooperation, consultation or concert with, or at
the request or suggestion of, the candidate, his or her authorized
political committee(s), or their agents. See 11 CFR 100.7(a)(iii)(A); 2
U.S.C. 441a(a)(7)(B).
(A) The portion of the expenditure allocable to a Federal candidate is
subject to the contribution limitations of 11 CFR 110.1.
(B) A Federal candidate's authorized committee must report the portion
of the expenditure allocable to the candidate as a contribution
pursuant to 11 CFR Part 104.
(C) The portion of the expenditure allocable to a presidential
candidate is chargeable to the presidential candidate's expenditure
limitation under 11 CFR 110.8(a).
(ii) Such expenditures are independent expenditures under 11 CFR Part
109 if they are made for a communication expressly advocating the
election or defeat of a clearly identified Federal candidate that is
not made with the cooperation or with the prior consent of, or in
consultation with, or at the request or suggestion of, the candidate or
any agent or authorized committee of such candidate.
(A) Such independent expenditures must be made in accordance with the
requirements of 11 CFR Part 109.
(B) The delegate shall report the portion of the expenditure allocable
to the Federal candidate as an independent expenditure in accordance
with 11 CFR 109.2.
(3) Republication of candidate materials. Expenditures made to finance
the dissemination, distribution or republication, in whole or in part,
of any broadcast or materials prepared by a Federal candidate are in-
kind contributions to the candidate.
(i) Such expenditures are subject to the contribution limits of 11 CFR
110.1.
(ii) The Federal candidate must report the expenditure as a
contribution pursuant to 11 CFR Part 104.
(iii) Such expenditures are not chargeable to the presidential
candidate's expenditure limitation under 11 CFR 110.8 unless they were
made with the cooperation, or with the prior consent of, or in
consultation with, or at the request or suggestion of, the candidate or
any agent or authorized committee of such candidate.
(4) For purposes of this paragraph, ``direct mail'' means any
mailing(s) by commercial vendors or any mailing(s) made from lists that
were not developed by the delegate.
(g) Contributions made to and by a delegate committee. (1) The
limitations on contributions to political committees under 11 CFR 110.1
and 110.2 apply to contributions made to and by a delegate committee.
(2) Contributions to a delegate committee count against the limitation
on contributions made by an individual in a calendar year under 11 CFR
110.5.
(3) A delegate committee shall report contributions it makes and
receives pursuant to 11 CFR Part 104.
(h) Expenditures by a delegate committee to advocate only the selection
of one or more delegates. (1) Expenditures by a delegate committee that
advocate only the selection of one or more delegates are neither
contributions to a candidate, subject to limitation under 11 CFR 110.1
nor chargeable to the expenditure limits of any Presidential candidate
under 11 CFR 110.8(a). Such expenditures may include but are not
limited to: Payments for travel and subsistence during the delegate
selection process, including the national nominating convention, and
payments for any communications advocating only the selection of one or
more delegates.
(2) A delegate committee shall report expenditures made pursuant to
this paragraph.
(i) Expenditures by a delegate committee referring to a candidate for
public office--(1) Volunteer activities that do not use public
political advertising. (i) Expenditures by a delegate committee to
defray the costs of certain campaign materials (such as pins, bumper
stickers, handbills, brochures, posters and yard signs) that advocate
the selection of a delegate and also include information on or
reference to a candidate for the office of President or any other
public office are neither contributions to the candidate referred to,
nor subject to limitation under 11 CFR 110.1 provided that:
(A) The materials are used in connection with volunteer activities; and
(B) The expenditures are not for costs incurred in the use of
broadcasting, newspapers, magazines, billboards, direct mail or similar
types of general public communication or political advertising.
(ii) Such expenditures are not chargeable to the expenditure limitation
of a presidential candidate under 11 CFR 110.8(a).
(iii) A delegate committee shall report expenditures made pursuant to
this paragraph.
(2) Use of public political advertising. A delegate committee may make
expenditures to defray costs incurred in the use of broadcasting,
newspapers, magazines, billboards, direct mail or similar types of
general public communication or political advertising to advocate the
selection of one or more delegates and also include information on or
reference to a candidate for the office of President or any other
public office. If such expenditures are in-kind contributions or
independent expenditures under paragraphs (i) or (ii) below, the
delegate committee shall allocate the portion of the expenditures
relating to the delegate(s) and candidate(s) referred to in the
communications between them and report the portion allocable to each.
(i) Such expenditures are in-kind contributions to a Federal candidate
if they are made in cooperation, consultation or concert with or at the
request or suggestion of the candidate, his or her authorized political
committee(s), or their agents.
(A) The portion of the expenditure allocable to a Federal candidate is
subject to the contribution limitations of 11 CFR 110.1. The delegate
committee shall report the portion allocable to the Federal candidate
as a contribution in-kind.
(B) The Federal candidate's authorized committee shall report the
portion of the expenditure allocable to the candidate as a contribution
pursuant to 11 CFR Part 104.
(C) The portion of the expenditure allocable to a presidential
candidate is chargeable to the presidential candidate's expenditure
limitation under 11 CFR 110.8(a).
(ii) Such expenditures are independent expenditures under 11 CFR Part
109 if they are made for a communication expressly advocating the
election or defeat of a clearly identified Federal candidate that is
not made with the cooperation or with the prior consent of, or in
consultation with, or at the request or suggestion of, the candidate or
any agent or authorized committee of such candidate.
(A) Such independent expenditures must be made in accordance with the
requirements of 11 CFR Part 109.
(B) The delegate committee shall report the portion of the expenditure
allocable to the Federal candidate as an independent expenditure in
accordance with 11 CFR 109.2.
(3) Republication of candidate materials. Expenditures made to finance
the dissemination, distribution or republication, in whole or in part,
of any broadcast or materials prepared by a Federal candidate are in-
kind contributions to the candidate.
(i) Such expenditures are subject to the contribution limitations of 11
CFR 110.1. The delegate committee shall report the expenditure as a
contribution in-kind.
(ii) The Federal candidate's authorized committee shall report the
expenditure as a contribution pursuant to 11 CFR Part 104.
(iii) Such expenditures are not chargeable to the presidential
candidate's expenditure limitation under 11 CFR 110.8 unless they were
made with the cooperation or with the prior consent of, or in
consultation with, or at the request or suggestion of, the candidate or
any agent or authorized committee of such candidate.
(4) For purposes of this paragraph, ``direct mail'' means any
mailing(s) by commercial vendors or any mailing(s) made from lists that
were not developed by the delegate committee or any participating
delegate.
(j) Affiliation of delegate committees with a Presidential candidate's
authorized committee. (1) For purposes of the contribution limits of 11
CFR 110.1 and 110.2, a delegate committee shall be considered to be
affiliated with a Presidential candidate's authorized committee if both
such committees are established, financed, maintained or controlled by
the same person, such as the Presidential candidate, or the same group
of persons.
(2) Factors the Commission may consider in determining whether a
delegate committee is affiliated under paragraph (j)(1) of this section
with a Presidential candidate's authorized committee may include, but
are not limited to:
(i) Whether the Presidential candidate or any other person associated
with the Presidential authorized committee played a significant role in
the formation of the delegate committee;
(ii) Whether any delegate associated with a delegate committee is or
has been a staff member of the Presidential authorized committee;
(iii) Whether the committees have common or overlapping officers or
employees;
(iv) Whether the Presidential authorized committee provides funds or
goods in a significant amount or on an ongoing basis to the delegate
committee, such as through direct or indirect payments for
administrative, fundraising, or other costs, but not including the
transfer to a committee of its allocated share of proceeds jointly
raised pursuant to 11 CFR 102.17 or 9034.8;
(v) Whether the Presidential candidate or any other person associated
with the Presidential authorized committee suggested, recommended or
arranged for contributions to be made to the delegate committee;
(vi) Similar patterns of contributions received by the committees;
(vii) Whether one committee provides a mailing list to the other
committee;
(viii) Whether the Presidential authorized committee or any person
associated with that committee provides ongoing administrative support
to the other committee;
(ix) Whether the Presidential authorized committee or any person
associated with that committee directs or organizes the specific
campaign activities of the delegate committee; and
(x) Whether the Presidential authorized committee or any person
associated with that committee files statements or reports on behalf of
the delegate committee.
(k) Affiliation between delegate committees. Delegate committees will
be considered to be affiliated with each other if they meet the
criteria for affiliation set forth at 11 CFR 100.5(g).
E. Guide to the 2000 Delegate Selection Rules and the Call for the 2000
Democratic Convention*
This Guide was prepared to aid state Democratic parties with developing
their Delegate Selection Plans for the 2000 Democratic National
Convention. Provisions of the 2000 Delegate Selection Rules (``Rules'')
and the Call for the 2000 Convention (``Call'') are explained in simple
language.
The explanations given below, also indicate how and where state Plans
should reflect the necessary language. This information should assist
state parties in writing their Plans to comply with the Rules, the
Call, and the DNC Rules and Bylaws Committee Regulations (``Regs.'') To
help illustrate exactly how a rule or regulation is reflected in a
fully-written Plan, references to any corresponding rules, regulations
and the Model Plan are also included below.
The interpretations of the rules as presented in this Guide are for
informational purposes only and should not be used in place of the
rules.
CONTENTS
2000 DELEGATE SELECTION RULES
Rule 1 Publication and Submission 158
of State Party Rules.
Rule 2 Participation............. 159
Rule 3 Scheduling of Delegate 160
Selection Meetings.
Rule 4 An Open Party............. 160
Rule 5 Non-Discrimination........ 162
Rule 6 Affirmative Action........ 162
Rule 7 National Convention 164
Delegate Apportionment.
Rule 8 Unpledged and Pledged 164
Party Leader and Elected
Official Delegates.
Rule 9 Selection of At-Large 166
Delegates.
Rule 10 Timing of the Delegate 167
Selection Process.
Rule 11 Presidential Preference... 167
Rule 12 Fair Reflection of 169
Presidential Preferences.
Rule 13 Petition Requirements and 170
Filing Deadlines.
Rule 14 Quorum Requirements....... 171
Rule 15 Proxy Voting.............. 172
Rule 16 Unit Rule and Slate Making 172
Rule 17 Alternates and Vacancies.. 172
Rule 18 DNC Rules and Bylaws 173
Committee.
Rule 19 Challenges................ 174
Rule 20 State Legislative Changes. 177
CALL FOR THE 2000 DEMOCRATIC NATIONAL CONVENTION
Article I. Distribution of Delegate 178
Votes.
Article II. Qualifications of State 180
Delegations.
Article III. Delegates to be Selected 181
No Later Than June 24,
2000.
Article IV. Certification Requirements 181
for Delegates and
Alternates.
Article V. The 2000 Democratic 183
National Convention
Committee, Inc.
Article VI. Presidential Candidates... 184
Article VII. Standing Committees on 185
Platform, Rules, and
Credentials of the 2000
Democratic National
Convention.
Article VIII. Procedural Rules of the 190
2000 Democratic National
Convention.
APPENDIX
A .......................... 198
B .......................... 208
C .......................... 212
D .......................... 214
* Prepared by the DNC Rules and Bylaws Committee, December 1990.
2000 DELEGATE SELECTION RULES
These rules were adopted by the Democratic National Committee (``DNC'')
on May 9, 1998. They provide certain standards that states must use as
guidelines in the process of selecting delegates to the Convention.
Within this framework for ensuring the process is conducted in a fair
and open manner, a state party is allowed to devise its own particular
system for choosing delegates and alternates.
Rule 1. Publication and Submission of State Party Rules
A. State parties shall adopt Affirmative Action and Delegate Selection
Plans which contain explicit rules and procedures governing all aspects
of the delegate selection process. These rules shall include, but are
not limited to:
(1) Appointment of delegates and alternates at all levels;
(2) Timing of primary/caucuses/conventions;
(3) Procedures for electing delegates and alternates at all levels;
(4) Procedures providing for equal division in each state's convention
delegation;
(5) Procedures providing for the selection of the chair of the
delegation;
(6) Particulars concerning the scheduling of delegate selection
meetings including methods by which each meeting or event will be
publicized;
(7) Affirmative Action Plans in detail including affirmative action
obligations of presidential candidates;
(8) All petition requirements and filing deadlines for delegates and
alternate candidates and for presidential candidates;
(9) Procedures for ascertaining delegate/alternate preference at all
stages;
(10) Procedures for presidential candidates right of approval;
(11) Method of awarding delegates and alternates to presidential
candidates;
(12) Methods and timetable for the selection of permanent standing
committee members;
(13) Methods and timetable for the selection of temporary standing
committee members;
(14) Procedures for challenges of the delegate selection and
affirmative action processes;
(15) Methods and timetable for the selection of convention pages; and
(16) Other appropriate provisions from these Rules, the Call and the
Regulations.
B. The following items are to be routinely included at an appropriate
place in each state plan:
(1) Eligibility requirements for participation in the delegate
selection process in conformance with Rule 2 [Rule 2];
(2) Prohibition of cost and fees [Rule 2.D.];
(3) Prohibition of participation by those participating in another
party's process [Rule 2.E.];
(4) One-meeting limitation for first-stage participants [Rule 3.E.];
(5) ``Six basic elements'' of an open party [Rule 4];
(6) Non-discrimination principles [Rule 5];
(7) Requirement that all steps take place within calendar year of
convention [Rule 10.B.];
(8) Required identification of preference of candidates for delegate
and alternate [Rule 11.A.];
(9) Protection against coerced vote [Rule 11.I.];
(10) Quorum requirements [Rule 14];
(11) Proxy voting rules, if any [Rule 15];
(12) Unit rule prohibition [Rule 16.A.];
(13) Slate making limitations [Rule 16.B.]; and
(14) Succession of alternate to delegate statue and filling of
vacancies in delegate positions [Rule 17].
C. Each state party shall provide for a thirty (30) day \1\ period of
public comment to solicit opinion on the state's Affirmative Action
Plan and Delegate Selection Plan prior to adoption. All written public
comments submitted to the state Democratic Committee shall be submitted
along with the plans to the Rules and Bylaws Committee of the
Democratic National Committee (``DNC Rules and Bylaws Committee'').
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\1\ Unless otherwise explicitly specified, reference in these Rules to
``day'' or ``days'' means ``calendar days.'' If the last day of a
period falls on a Saturday, Sunday or a federally recognized holiday,
the time period shall be extended to the next business day.
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D. State Delegate Selection and Affirmative Action Plans shall be
submitted to the DNC Rules and Bylaws Committee for approval on or
before May 1, 1999.
E. The DNC Rules and Bylaws Committee shall act on the proposed plans
as soon as practicable, but in no case later than September 16, 1999.
Its decision shall be final and binding.
F. Implementation of state Affirmative Action Plans shall begin no
later than September 16, 1999.
G. State Delegate Selection Plans shall specify the methods and
timetable to be followed in selecting permanent and temporary members
of standing committees of the national convention. These provisions
shall be in conformity with the rules to be contained in the Call for
the 2000 Convention.
H. The Democratic National Committee (``DNC'') and the state parties
shall publish and make available at no cost their rules, the 2000
National Delegate Selection Rules, and a clear and concise explanation
of how Democratic voters can participate in the delegate selection
process. The DNC shall prepare and provide at no cost to state parties
a clear and concise explanation of the 2000 Delegate Selection Rules.
This shall be done no later than October 1 of the calendar year
immediately preceding the calendar year of the national convention.
Rule 2. Participation
A. Participation in the delegate selection process shall be open to all
voters who wish to participate as Democrats. Implementation of this
administrative matter shall be delegated to the DNC Rules and Bylaws
Committee.
B. Nothing in these rules shall be interpreted to encourage or permit
states with party registration and enrollment, or states that limit
participation to Democrats only, to amend their systems to open
participation to members of other parties.
C. State parties shall take all feasible steps to encourage non-
affiliated and new voters to register or enroll, to provide simple
procedures through which they may do so and to eliminate excessively
long waiting periods for voters wishing to register or to change their
party enrollment status. In all caucuses or conventions conducted
pursuant to these rules, all Democrats who comply with Rule 2.A. shall
be allowed to participate.
D. At no stage of the delegate selection process shall any person be
required, directly or indirectly, to pay a cost or fee as a condition
for participating in the delegate selection process. Voluntary
contributions to the Party may be made, but under no circumstances
shall a contribution be mandatory for participation.
E. No person shall participate or vote in the nominating process for a
Democratic presidential candidate who also participates in the
nominating processes of any other party for the corresponding
elections.
Rule 3. Scheduling of Delegate Selection Meetings
A. All official Party meetings and events related to the national
convention delegate selection process, including caucuses, conventions,
committee meetings, filing dates, and Party enrollment periods, shall
be scheduled for dates, times and public places which would be most
likely to encourage the participation of all Democrats, and must begin
and end at reasonable hours.
B. All such meetings or events which are the first meeting or event in
the delegate selection process shall be scheduled at times and dates
which are uniform throughout the state, except where it is established
by the state party and approved by the DNC Rules and Bylaws Committee
that such uniform times and dates would significantly reduce
participation in the delegate selection process.
C. The times, dates, places and rules for the conduct of all caucuses,
conventions, meetings and other events involved in the delegate
selection process shall be effectively publicized by the Party
organization, official, candidate or member calling the same.
D. Concise statements in advance of all meetings and events concerning
the relationship between the business to be conducted and the delegate
selection process shall be effectively publicized by the Party
organization, official, candidate or member calling the same.
E. No person shall participate in more than one meeting which is the
first meeting in the delegate selection process.
Rule 4. An Open Party
A. The Democratic National Committee reaffirms its commitment to the
1964 resolution, and requires the national and state parties to
incorporate the Six Basic Elements, as updated, into their Party rules
and to take appropriate steps to secure their implementation.
B. The 1964 Democratic National Convention adopted a resolution which
conditioned the seating of delegates at future conventions on the
assurances that discrimination in any state party affairs on the ground
of race, color, creed or national origin did not occur. The 1968
Convention adopted the 1964 Convention resolution for inclusion in the
Call for the 1972 Convention. In 1966, the Special Equal Rights
Committee which had been created in 1964, adopted six anti-
discrimination standards--designated as the Six Basic Elements, which,
as updated, are as follows:
(1) All public meetings at all levels of the Democratic Party in each
state should be open to all members of the Democratic Party regardless
of race, sex, age, color, creed, national origin, religion, ethnic
identity, sexual orientation, economic status or physical disability
(hereinafter collectively referred to as ``status'').
(2) No test for membership in, nor any oaths of loyalty to, the
Democratic Party in any state should be required or used which has the
effect of requiring prospective or current members of the Democratic
Party to acquiesce in, condone or support discrimination based on
``status.''
(3) The time and place for all public meetings of the Democratic Party
on all levels should be publicized fully and in such manner as to
assure timely notice to all interested persons. Such meetings must be
held in places accessible to all Party members and large enough to
accommodate all interested persons.
(4) The Democratic Party, on all levels, should support the broadest
possible registration without discrimination based on ``status.''
(5) The Democratic Party in each state should publicize fully and in
such a manner as to assure notice to all interested parties a full
description of the legal and practical procedures for selection of
Democratic Party officers and representatives on all levels.
Publication of these procedures should be done in such fashion that all
prospective and current members of each state Democratic Party will be
fully and adequately informed of the pertinent procedures in time to
participate in each selection procedure at all levels of the Democratic
Party organization.
(6) The Democratic Party in each state should publicize fully and in
such a manner as to assure notice to all interested parties a complete
description of the legal and practical qualifications of all positions
as officers and representatives of the state Democratic Party. Such
publication should be done in timely fashion so that all prospective
candidates or applicants for any elected or appointed position within
each state Democratic Party will have full and adequate opportunity to
compete for office.
C. These provisions demonstrate the intention of the Democratic Party
to ensure a full opportunity for all ``status'' (as defined in Rule
4.B.(1)) members to participate in the delegate selection process.
Rule 5. Non-Discrimination
A. In order that the Democratic Party at all levels be an open Party
which includes rather than excludes people from participation, a
program of effective affirmative action is hereby adopted.
B. Discrimination on the basis of ``status'' in the conduct of
Democratic Party affairs is prohibited.
C. In order to continue the Democratic Party's ongoing efforts to
include groups historically under-represented in the Democratic Party's
affairs, by virtue of race/ethnicity, age, sexual orientation or
disability, each state party shall develop and submit party outreach
programs, including recruitment, education and training, in order to a
achieve full participation by such groups and diversity in the delegate
selection process and at all levels of Party affairs.
Rule 6. Affirmative Action
A. In order to encourage full participation by all Democrats in the
delegate selection process and in all Party affairs, the national and
state Democratic Parties shall adopt and implement affirmative action
programs with specific goals and timetables for African Americans,
Hispanics, Native Americans, Asian/Pacific Americans and women.
(1) The goal of such affirmative action shall be to encourage
participation in the delegate selection process and in Party
organizations at all levels by the aforementioned groups as indicated
by their presence in the Democratic electorate.
(2) This goal shall not be accomplished either directly or indirectly
by the Party's imposition of mandatory quotas at any level of the
delegate selection process or in any other Party affairs.
(3) In the selection of each state's at-large delegation, priority of
consideration shall be given to African Americans, Hispanics, Native
Americans, Asian/Pacific Americans and women, if such priority of
consideration is needed to fulfill the affirmative action goals
outlined in the state's Delegate Selection Plan. Such remedial action
is necessary in order to overcome the effects of past discrimination.
Use of the at-large delegation to fulfill the plan's affirmative action
goals does not obviate the need for the state party to conduct outreach
activities such as recruitment, education and training. Priority of
consideration shall also be given to other groups as described in Rule
5.(C), which are under-represented in Democratic Party affairs, in
order to assist in the achievement of full participation by these
groups.
B. Performance under an approved Affirmative Action Plan and
composition of the convention delegation shall be considered relevant
evidence in the challenge to any state delegation. If a state party has
adopted and implemented an approved affirmative action program, the
state party shall not be subject to challenge based solely on
delegation composition or primary results.
C. State Delegate Selection Plans shall provide for equal division
between delegate men and delegate women and alternate men and alternate
women within the state's entire convention delegation. For purposes of
this rule, the entire delegation includes all pledged delegates and
alternates and unpledged delegates (including unpledged party leaders
and elected official delegates and unpledged all-on delegates).
(1) State Delegate Selection Plans shall, as far as mathematically
practicable, also provide the equal division between district-level
delegate men and delegate women and district-level alternate men and
alternate women.
(2) The DNC Rules and Bylaws Committee shall have continuing
jurisdiction to ensure compliance with this equal division requirement.
No at-large delegate or alternate from a state shall be placed on the
temporary roll of the 2000 Democratic National Convention unless the
Rules and Bylaws Committee has certified to the Secretary of the
Democratic National Committee that such state's delegation complies
with this equal division rule. It shall be the duty of the DNC Rules
and Bylaws Committee to determine such compliance as soon as
practicable following the certification of the state's at-large
delegates and alternates.
(3) Notwithstanding sub-paragraph A.(2) above, equal division at any
level of delegate or committee positions between delegate men and
delegate women or committeemen and committeewomen shall not constitute
a violation of any provision thereof.
D. For purposes of providing adequate notice of the delegate selection
process under Rule 3, the times, dates, places and rules for the
conduct of all caucuses, conventions, meetings and other events
involved in the delegate selection process shall be effectively
publicized, bilingually where necessary, to encourage the participation
of minority groups.
E. State Democratic Parties shall ensure that district lines used in
the delegate selection process are not gerrymandered to discriminate
against African Americans, Hispanics, Native Americans, Asian/Pacific
Americans and women.
F. Each state Affirmative Action Plan shall provide for the appointment
of a representative state Affirmative Action Committee by March 1,
1999.
G. Each state affirmative action program shall include outreach
provisions to encourage the participation and representation of persons
of low and moderate income, and a specific plan to help defray expenses
of those delegates otherwise unable to participate in the national
convention.
H. State parties in their Delegate Selection Plans shall impose
reasonable specific affirmative action obligations upon candidates
consistent with the delegate selection system employed by the state.
(1) State parties shall require presidential candidates to submit
statements that specify which steps such candidates will take to
encourage full participation in their delegate selection process,
including, but not limited to, procedures by which persons may file as
candidates for delegate or alternate.
(2) State parties shall require presidential candidates to submit
demographic information with respect to candidates for delegate and
alternate pledged to them.
I. Presidential candidates (including uncommitted status) shall use
their best efforts to ensure that their respective delegations within a
state's delegation shall achieve the affirmative action goals
established by the state's Delegate Selection Plan and that the
respective delegations of each presidential candidate within the
state's delegation shall be equally divided between men and women.
Rule 7. National Convention Delegate Apportionment
A. Apportionment of district-level delegates within states shall be
based on one of the following:
(1) A formula giving equal weight to total population and to the
average of the vote for the Democratic candidates in the two most
recent presidential elections;
(2) A formula giving equal weight to the vote for the Democratic
candidates in the most recent presidential and gubernatorial elections;
(3) A formula giving equal weight to the average of the vote for the
Democratic candidates in the two most recent presidential elections and
to Democratic Party registration or enrollment as of January 1, 2000;
or
(4) A formula giving one-third (\1/3\) weight to each of the formulas
in items (1), (2), and (3).
B. Apportionment for each body selecting delegates to state, district,
and county conventions shall be based upon population and/or some
measure of Democratic strength.
C. The Call for the 2000 Convention shall state the base delegation for
each delegation. Seventy-five percent (75%) of each state's base
delegation shall be elected at the congressional district level or
lower. Twenty-five percent (25%) of each state's base delegation shall
be elected at large. Delegates so elected shall hereafter be termed
``district-level'' and ``at-large'' delegates, respectively. Each State
Democratic Chair shall certify all delegates in writing to the
Secretary of the DNC.
D. In those states with more than one congressional district, after the
election of district-level delegates and prior to the selection of at-
large delegates, each State Democratic Chair shall certify pledged
party leader and elected official delegates equal to 15% of the state's
base delegation selected pursuant to Rule 8.
E. In states with one congressional district, the election of district-
level and at-large delegates and alternates may take place at the same
meeting, provided that affirmative action and fair reflection
guidelines are met and the Democratic Chair of each such state shall
make the certifications required by subsection 7.D.
Rule 8. Unpledged and Pledged Party Leader and Elected Official
Delegates
A. The procedure to be used for certifying unpledged party leader and
elected official delegates is as follows:
Not later than March 1, 2000, the Secretary of the Democratic National
Committee shall officially confirm to each State Democratic Chair the
names of the following unpledged delegates who legally reside in their
respective state and who shall be recognized as part of their state's
delegation:
(1) The individuals recognized as members of the DNC (as set forth in
Article Three, Sections 2 and 3 of the Charter of the Democratic Party
of the United States); and,
(2) The Democratic President and the Democratic Vice President of the
United States, if applicable; and,
(3) All Democratic members of the United States House of
Representatives and all Democratic members of the United States Senate;
and,
(4) The Democratic Governor,\2\ if applicable; and,
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\2\ The Mayor of the District of Columbia, if a Democrat, shall be
treated as a Democratic Governor.
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(5) All former Democratic Presidents, all former Democratic Vice
Presidents, all former Democratic Leaders of the U.S. Senate, all
former Democratic Speakers of the U.S. House of Representatives and
Democratic Minority Leaders, as applicable, and all former Chairs of
the Democratic National Committee.
B. Following the selection of district-level delegates, and prior to
the selection of pledged party leader and elected official delegates,
unpledged add-on delegates shall be selected according to the following
procedures:
(1) Unpledged add-on delegates may be selected by either the same
selecting body which will select the state's party leader and elected
official delegates, or by the same selecting body which will select the
state's at-large delegates and alternates.
(2) The equal division and affirmative action provisions of Rule 9.A.
apply to the selection of unpledged add-on delegates.
(3) The list from which the selecting body chooses the unpledged add-on
delegates shall contain the same minimum number of names for every such
add-on position to be filled as the minimum number of names required by
the state's delegate selection plan to remain on the list of bona fide
supporters for each at-large and pledged party leader and elected
official delegate pursuant to Rule 11.E.(2).
(4) Unpledged add-on delegates are not entitled to alternates, and
neither shall the delegation be entitled to a replacement, except in
the case of death.
(5) Unpledged add-on delegates may be selected whether or not they
previously filed a statement of candidacy for a delegate position or
submitted a pledge of support for a presidential candidate.
C. Following the selection of unpledged add-on delegates under 8.B.,
pledged party leader and elected official delegates are to be selected
subject to the following procedures:
(1) Persons shall be considered for pledged party leader and elected
official delegates and alternates according to the following priority:
big city mayors and state-wide elected officials to be given equal
consideration; state legislative leaders, and state legislators, and
other state, county and local elected officials and party leaders.
(2) These slots shall be allocated on the same basis as the state's at-
large delegates.
(3) If persons eligible for pledged party leader and elected official
delegate positions have not made known their presidential preference
under the procedures established by the state pursuant to Rule 11 for
candidates for district-level and at-large delegate positions, their
preferences shall be ascertained through alternative procedures
established by the state party, which shall require a signed pledge of
support for a presidential candidate. Such an alternative system shall
have a final deadline for submitting a pledge of support after the
selection of all district-level delegates has been completed and must
provide an opportunity for disapproval by the presidential candidate or
the candidate's authorized representative.
D. A state's party leader and elected official delegates may be chosen
by a state convention \3\ or by a committee consisting of a quorum of
district-level delegates. They may also be chosen by the State Party
Committee, as recognized by the Democratic National Committee, but only
if the state's Delegate Selection Plan is in full compliance with these
rules, and provided:
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\3\ For the purpose of this section (D), a ``state convention'' shall
not include a State Party Committee acting as a state convention where
the state's Delegate Selection Plan is not in full compliance with
these rules.
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(1) Membership on the State Party Committee is apportioned on the basis
of population and/or some measure of Democratic strength;
(2) Members of the State Party Committee have been elected through open
processes in conformity with the basic procedural guarantees utilized
for delegate selection;
(3) Such delegates are elected at a public meeting subsequent to the
election of district-level delegates;
(4) Members of the State Party Committee exercising such authority
shall have been elected no earlier than the date of the previous
presidential election; and
(5) Membership of the State Party Committee complies with the equal
division requirements of Article 9, Section 16 of the Charter of the
Democratic Party of the United States.
E. Except as provided in 8.A. above, no person shall serve as an
automatic delegate at any level of the delegate selection process by
virtue of holding a public or party office.
Rule 9. Selection of At-Large Delegates
A. The selection of at-large delegates shall be used, if necessary, to
achieve the equal division of positions between men and women and the
representation goals established in the state's party's Affirmative
Action Plan. Such goals apply to the state's entire delegation
considered as a whole. For purposes of this rule, the entire delegation
includes all unpledged as well as all pledged delegates. Delegates and
alternates shall each, as a group, be equally divided and, to the
extent possible, each as a group shall reflect the representation goals
established in the state's Affirmative Action Plan.
B. A state's at-large delegates and alternates shall be selected by one
of the bodies, subject to the same conditions specified in Rule 8.D.
above, provided, however, the State Party Committee may choose such
delegates and alternates only if the state's Delegate Selection Plan is
in full compliance with these rules.
C. At-large delegates and alternates (including pledged party leader
and elected official delegates, which shall include those to be
allocated to uncommitted status) in primary states shall be allocated
according to the state-wide primary vote or, in states holding no
state-wide primary, according to the division of preferences among
convention and caucus participants. In non-primary states which do not
hold state conventions authorized to elect delegates, at-large
delegates shall be apportioned according to the division of preference
among district-level delegates at the time of district-level selection.
If a presidential entitled to an allocation under this rule is no
longer a candidate at the time at-large delegates are selected, his/her
allocation shall be proportionately divided among the other preferences
entitled to an allocation.
Rule 10. Timing of the Delegate Selection Process
A. No meetings, caucuses, conventions or primaries which constitute the
first determining stage in the presidential nomination process (the
date of the primary in primary states, and the date of the first tier
caucus in caucus states) may be held prior to the first Tuesday in
March or after the second Tuesday in June in the calendar year of the
national convention. Provided, however, that the Iowa precinct caucuses
may be held no earlier than 15 days before the first Tuesday in March;
that the New Hampshire primary may be held no earlier than 7 days
before the first Tuesday in March; that the Maine first tier caucuses
may be held no earlier than 2 days before the first Tuesday in March.
In no instance may a state which scheduled delegate selection
procedures on or between the first Tuesday in March and the second
Tuesday in June 1984 move out of compliance with the provisions of this
rule.
B. All steps in the delegate selection process, including the filing of
presidential candidates, must take place within the calendar year of
the Democratic National Convention (except as otherwise provided in
these rules).
Rule 11. Presidential Preference
A. All candidate for delegate and alternate in caucuses, conventions,
committees and on primary ballots shall be identified as a presidential
preference on uncommitted status at all levels of a process which
determine presidential preference.
B. All persons wishing to be elected to a district-level or at-large
delegate position must file a statement of candidacy designating the
presidential or uncommitted preference of the delegate candidate and a
signed pledge of support for the presidential candidate (including
uncommitted status) the person favors, if may, with the state party by
a date certain as specified in the state's Delegate Selection Plan.
Persons wishing to be elected as pledged party leader and elected
official delegates shall comply with Rule 8.C.(3).
C. All candidates considered for district-level alternate positions
must meet the same requirements as candidates for district-level
delegate positions, except that the state may allow candidates who were
to chosen at the delegate level to be considered at the alternate
level.
D. Prior to the selection of national convention delegates and
alternates, the same party shall convey to the presidential candidates,
or that candidate's authorized representative(s), a list of all persons
who have filed for delegate or alternate positions pledged to that
presidential candidate. All such delegate and alternate candidates
shall be considered bona fide supporters of the presidential candidate
whom they have pledge to support, unless the presidential candidate, or
that candidate's authorized representative(s), signifies otherwise in
writing to the state party by a date certain as specified in that
state's Delegate Selection Plan.
(1) Presidential candidates shall certify in writing to the Democratic
State Chair the name(s) of their authorized representative(s) by a date
certain.
(2) In state where delegates are voted upon on the ballot, the date by
which the presidential candidate, or that candidate's authorized
representative(s), signifies approval or disapproval of the list of
delegate and alternate candidates in writing to the state party as
required by Rule 11.D., must allow sufficient time to ensure that names
removed from the list do not appear on the ballot.
E. National convention delegate and alternate candidates removed from
the list of bona fide supporters by a presidential candidate, or that
candidate's authorized representative(s), may not be elected as a
delegated or alternate at that level of pledged to that presidential
candidate (including uncommitted status).
(1) Presidential candidates may not remove any candidate for a
district-level delegate or alternate position from the list of bona
fide supporters unless, at a minimum, three (3) names remain for every
such position to which the presidential candidate is entitled.
Provided, however, that in states where individual district-level
delegates and alternates are voted upon on the ballot, the presidential
candidate, or that candidate's authorized representative(s), may
approve a number of delegate candidates or alternate candidates equal
to or greater than the number of delegates or alternates allocated to
the district.
(2) Presidential candidates (including uncommitted status), in
consultation with the state party, may remove any candidate for at-
large and pledged party leader and elected official delegate or
alternate position from the list of bona fide supporters as long as, at
a minimum, one (1) name remains for every national convention delegate
or alternate position to which the presidential candidate is entitled,
except that a state may provide in its delegate selection plan, if the
plan is approved by the Rules and Bylaws Committee, that presidential
candidates (including uncommitted status), may remove any candidate for
an at-large and party leader and elected official delegate or alternate
position from the list of bona fide supporters as long as, at a
minimum, two (2) names remain in for every position to which the
presidential candidate is entitled.
F. State parties shall ensure that state Delegate Selection Plans
provide fair and adequate time for persons to file for delegate or
alternate positions, and for presidential candidates, or their
authorized representative(s), to review the list of persons who have
filed, and to remove from that list persons not confirmed by the
presidential candidate or his/her representatives(s) as bona fide
supporters of the presidential candidate.
G. Except in states where individual delegates and alternates are
selected on the ballot, district-level national convention delegates
and alternates pledged to a presidential candidate (including
uncommitted status) shall be selected or nominated by a caucus of
persons from the unit electing the delegates and alternates who sign
statements of support for that presidential candidate. Uncommitted
delegates and alternates shall be elected by the uncommitted caucus
from the appropriate unit.
H. A district-level delegate and alternate candidate may run for
election only within the district in which he or she is registered to
vote. For purposes of these rules, all delegates and alternates must be
bona fide Democrats who have the interests, welfare and success of the
Democratic Party of the United States at heart, who subscribe to the
substance, intent and principles of the Charter and the Bylaws of the
Democratic Party of the United States, and who will participate in the
Convention in good faith.
I. No delegate at any level of the delegate selection process shall be
mandated by law or Party rule to vote contrary to that person's
presidential choice as expressed at the time the delegate is elected.
J. Delegates elected to the national convention pledged to a
presidential candidate shall in all good conscience reflect the
sentiments of those who elected them.
K. (1) Based on the right of the Democratic Party to freely assemble
and to determine the criteria for its candidates, it is determined that
all candidates for the Democratic nomination for President or Vice
President shall:
(a) be registered to vote, and shall have been registered to vote in
the last election for the office of President and Vice President; and
(b) have demonstrated a commitment to the goals and objectives of the
Democratic Party as determined by the National Chair and will
participate in the Convention in good faith.
(2) It is further determined that these requirements are in addition to
the requirements set forth by the United States Constitution and any
law of the United States.
Rule 12. Fair Reflection of Presidential Preferences
A. Delegates shall be allocated in a fashion that fairly reflects the
expressed presidential preference or uncommitted status of the primary
voters or, if there is no binding primary, the convention and/or caucus
participants.
B. States shall allocate district-level delegates and alternates in
proportion to the percentage of the primary or caucus vote won in that
district by each preference, except that preference falling below a 15%
threshold shall not be awarded any delegates. Subject to section F. of
this rule, no state shall have a threshold above or below 15%. States
which use a caucus/convention system, shall specify in their Delegate
Selection Plans the caucus level at which such percentages shall be
determined.
C. A presidential candidate or his/her authorized representatives(s)
should act in good faith to slate delegate and alternate candidates,
however, in any event, if a presidential candidate (including
uncommitted status) has qualified to receive delegates and alternates
but has failed to slate a sufficient number of delegate and alternate
candidates then additional delegates and alternates for that preference
will be selected in a special post-primary procedure. The State Party
will administer special post-primary procedures according to rules
approved by the DNC Rules and Bylaws Committee and such procedures
should be set forth in the state's delegate selection plan, where
applicable.
D. District-level delegates and alternates shall be allocated according
to the following procedures:
Step 1: Tabulate the percentage of the vote that each presidential
preference (including uncommitted status) receives in the congressional
district to three decimals.
Step 2: Retabulate the percentage of the vote to three decimals,
received by each presidential preference excluding the votes of
presidential preferences whose percentage in Step 1 falls below 15%.
Step 3: Multiply the number of delegates to be allocated by the
percentage received by each presidential preference.
Step 4: Delegates shall be allocated to each presidential preference
based on the whole numbers which result from the multiplication in Step
3.
Step 5: Remaining delegates, if any, shall be awarded in order of the
highest fractional remainders in Step 3.
E. At-large and pledged party leader and elected official delegate and
alternate positions shall be allocated to presidential preferences by
reference to primary or convention votes or to the division of
preference among district-level delegates or alternates, as the case
may be, as specified in Rule 9.C., except that a preference falling
below a threshold of 15% shall not be awarded any delegates or
alternates at this level. Such delegates and alternates in primary
states shall be allocated to presidential preference (including
uncommitted status) according to the statewide primary vote.
F. In all situations where no preference reaches the applicable
threshold, the threshold shall be the percentage of the vote received
at each level of the delegate selections process by the front-runner
minus 10 percent.
G. Under no circumstances shall the use of single-delegate districts be
permitted.
H. For the purpose of fairly reflecting the division of preferences,
the non-binding advisory presidential preference portion of primaries
shall not be considered a step in the delegate selection process.
Rule 13. Petition Requirements and Filing Deadlines
A. If a state requires the filing of petitions with the signatures of
registered/enrolled voters as the sole method to place a presidential
candidate's name on the primary ballot in connection with the
Democratic presidential nominating process, such number of valid
signatures shall not exceed 5,000.
B. If a state requires the payment of a fee in order to place a
presidential candidate's name on the ballot in connection with the
Democratic presidential nominating process, such fee shall not exceed
$2,500.
C. If a state requires the filing of a petition with the signatures of
registered/enrolled voters in order to have a delegate/alternate
candidate gain access to the primary ballot in connection with the
Democratic presidential nominating process, the number of valid
signatures shall not exceed either one half of one percent (.5%) of the
registered/enrolled Democrats in such district or one half of one
percent (.5%) of the total votes in such district for all Democratic
presidential candidates (including uncommitted) during the immediately
preceding presidential nominating process, whichever is lower, but in
no event shall the number of valid signatures required to exceed 1,000.
D. Subject to the prior sections of this rule, the number of valid
signatures required of a presidential candidate to file a petition to
gain !access to the primary ballot, and the number of valid signatures
required of a delegate/alternate candidate to gain access to the
primary ballot, and the fees required to be paid to the state by a
presidential candidate and by a delegate/alternate candidate to gain
access to the primary ballot, in connection with the Democratic
presidential nominating process, shall not exceed those in effect in
the particular state as of January 1, 1994.
E. No deadline for the filing of petitions for participation in the
presidential nomination process by a presidential candidate shall be
less than 30 days in advance of the primary or caucus nor more than 75
days in advance of the primary caucus.
F. No candidate for delegate or alternate shall be required to file a
statement of candidacy or a pledge of support as required by Rule 11.B.
prior to 30 days before such delegate or alternate candidate is to be
selected or elected in a primary, caucus or pre-primary caucus;
provided, however, that in states holding a presidential primary where
individual district-level delegates or alternates are to be voted upon
on the ballot, no candidate for delegate or alternate shall be required
to submit or file a statement of candidacy or a pledge of support prior
to 90 days before the date on which they are to be voted upon.
G. No candidate for at-large or pledged party leader and elected
official delegate or alternate shall be required to file a statement of
candidacy or a pledge of support required by Rule 11.B. prior to 30
days before the date when the delegate or alternate is to be selected
or voted upon.
H. No state's delegate selection rules may require the filing of
district-level delegate or alternate candidates pledged to a
presidential candidate or uncommitted status as a condition of access
by a presidential candidate to the primary ballot for voting upon
presidential preference.
Rule 14. Quorum Requirements
No less than forty percent (40%) of the members of any Party body above
the first level of the delegate selection process shall constitute a
quorum for any business pertaining to the selection of convention
delegates.
Rule 15. Proxy Voting
To ensure full participation in the delegate selection process, state
party rules may, at their discretion, provide for proxy voting. Such
rules shall allow an accredited participant in a caucus, convention or
committee meeting, after having appeared at such meeting and having
established credentials, to register the non-transferable proxy with
another duly accredited participant at that meeting (except where an
accredited alternate is present and eligible to serve as a
replacement). No such rule shall allow a person to hold more than three
(3) proxies at a time.
Rule 16. Unit Rule and Slate-Making
A. The unit rule, or any rule or practice whereby all members of a
Party unit or delegation may be required to cast their votes in
accordance with the will of a majority of the body, shall not be used
at any stage of the delegate selection process.
B. Any individual or group of Democrats may sponsor or endorse a slate
of candidates for convention delegates. But no slate may, by virtue of
such endorsement, receive a preferential place on a delegate selection
ballot or be publicly identified on the ballot as the official
Democratic Party organization slate, and all slates must meet identical
qualifying requirements for appearing on a ballot at all levels of the
delegate selection process.
Rule 17. Alternates and Vacancies
A. Alternate delegates shall be selected by primary, convention or
committee processes subject to the same National Party Rules applicable
to the selection of delegates, except that the provisions of Rules 8.A.
and 8.B. shall not apply to the election of alternates. Each State
Democratic Chair shall certify all alternates in writing to the
Secretary of the DNC.
B. If a given presidential preference is entitled to one or more
delegate positions in a state but would not otherwise be entitled to an
alternate position, that preference shall be allotted one at-large
alternate position.
C. The proportions of alternates elected at the district level, and at-
large, and as pledged party leader and elected official alternates, may
be the same as the proportions of delegates elected in those
categories.
D. Each state Delegate Selection Plan shall specifically provide how
and under what conditions an alternate is to replace or act in lieu of
(collectively referred to as ``replace'' or ``replaces'') a delegate.
(1) Delegate Selection Plans may specify one or any combination of the
following alternatives for permanent and temporary replacements;
(a) The delegate chooses the alternate;
(b) The delegation chooses the alternate;
(c) The alternate who receives the highest number of votes; or
(d) Such other process as protects the interests of presidential
candidates, delegates and alternates.
(2) A permanent replacement occurs when a delegate resigns or dies
prior to and during the National Convention and the alternate replaces
the delegate for the remainder of the National Convention. Any
alternate who permanently replaces a delegate shall be certified in
writing to the Secretary of the DNC by the State Democratic Chair. He/
She shall be of the same presidential preference (including uncommitted
status) and sex of the delegate he/she replaces, and to the extent
possible shall be from the same political subdivision within the state
as the delegate; except in the case where the presidential candidate
has only one alternate, in which case, that alternate shall become the
certified delegate.
(3) A temporary replacement occurs when a delegate is to be absent for
a limited period of time during the convention and an alternate
temporarily acts in the delegate's place. Any alternate who temporarily
replaces a delegate must be of the same presidential preference
(including uncommitted status) as the delegate he/she replaces, and to
the extent possible shall be of the same sex and from the same
political subdivision within the state as the delegate.
E. Delegates elected under the provisions of Rules 8.A. and 8.B. shall
not be entitled to name a replacement under Rule 17.D., nor shall the
state be entitled to a replacement except in case of death.
F. A vacant alternate position shall be filled by the delegation. The
replacement shall be of the same presidential preference (or
uncommitted status), of the same sex and, to the extent possible, from
the same political subdivision as the alternate being replaced. Each
replacement of a vacant alternate position shall be certified in
writing to the Secretary of the DNC by the State Democratic Chair.
Rule 18. DNC Rules and Bylaws Committee
A. The DNC Rules and Bylaws Committee will assist in the administration
enforce affirmative action and delegate selection requirements for the
national land state Democratic Parties.
B. The DNC Rules and Bylaws Committee shall implement the Delegate
Selection Rules in a manner consistent with these rules.
C. The DNC Rules and Bylaws Committee will provide state parties with a
model Delegate Selection and Affirmative Action Plan.
D. The DNC Rules and Bylaws Committee shall:
(1) review Affirmative Action and Delegate Selection Plans submitted by
state parties and approve or recommend changes in such plans;
(2) conduct periodic evaluations and provide technical assistance to
state parties on affirmative action and delegate selection
implementation;
(3) hear and recommend solutions to affirmative action complaints
unresolved by appropriate state party bodies.
E. The DNC Rules and Bylaws Committee shall retain jurisdiction over
the approval of amendments to state Delegate Selection Plans and state
delegation compliance with equal division requirements, even after the
Convention Credentials Committee assumes jurisdiction over challenges
to the credentials of delegates.
F. No later than December 15, 1998, the DNC Rules and Bylaws Committee
shall send to state parties its regulations adopted pursuant to these
rules and a check list.
G. The DNC shall allocate sufficient financial resources and staff to
implement this rule.
Rule 19. Challenges
A. Jurisdictional Challenges. Any challenges to a state party
organization in respect to its status as the body entitled to sponsor a
delegation from that state must be presented to the DNC at any time up
to thirty (30) days prior to the initiation of the state's delegate
selection process. Such a challenge must be brought by at least fifteen
(15) Democrats from the state.
B. Submission, Non-Implementation and Violation Challenges. Failure to
submit or implement an approved affirmative action program by the
deadline specified in these rules shall constitute grounds for a
challenge with the burden of proof on the challenged party.
(1) At any time up to thirty (30) days prior to the initiation of the
state's delegate selection process, any group of not less than fifteen
(15) Democrats in that state can challenge the affirmative action
program on the basis of non-implementation of a specific requirement of
a state plan, which challenge shall include reasonable documentation of
alleged violations. (In such challenges, the challenging party shall
have the burden of proof, but the challenged party shall present its
case first.)
(a) In the absence of any such challenge, the implementation of any
such program shall be presumptively in compliance.
(b) If challenged and upheld, the compliance of such implementation
programs shall be conclusive but not as to compliance of no-compliance
that may occur after the date of the challenge.
(2) Challenges regarding alleged violation of an approved Delegate
Selection Plan shall first be brought to the appropriate state
Democratic Party body for a decision to be rendered within twenty-one
(21) days. After due notice, any aggrieved party shall have the rights
to appeal to the DNC Rules and Bylaws Committee within ten (10) days
following the decision of the state body according to procedures
established by DNC Rules and Bylaws Committee.
(3) The DNC Rules and Bylaws Committee shall either certify compliance,
certify non-compliance or require corrective action after which
compliance or non-compliance shall be certified.
C. (1) Violation of timing.
In the event the Delegate Selection Plan of a state party provides or
permits a meeting, caucus, convention or primary which constitutes the
first determining stage in the presidential nominating process to be
held prior to or after the dates for the state as provided in Rule 10
of these rules, or in the event a state holds such a meeting, caucus,
convention or primary prior to or after such dates, the number of
district-level delegates allocated to the state pursuant to the Call
for the National Convention shall be reduced by twenty-five (25%)
percent, and the number of district-level alternates shall also be
reduced by twenty-five (25%) percent. In addition, none of the members
of the Democratic National Committee from that state shall be permitted
to vote as members of the state's delegation, except that the Rules and
Bylaws Committee may exempt a DNC member(s) from this provision, if it
finds the DNC member(s) took provable positive steps pursuant to Rule
20.B. to help the state plan achieve compliance with the applicable
rule. In determining the actual number of delegates or a alternates by
which the state's delegation district-level delegates and alternates
are to be reduced, any fraction below .5 shall be rounded down to the
nearest whole number, and any fraction of .5 or greater shall be
rounded up to the next nearest whole number.
(2) Violation of proportional representation. In the event the Delegate
Selection Plan of a state party provides or permits the pledged
delegates or alternates to be allocated to presidential preference
(including uncommitted status) other than as provided under Rule 12 of
these rules, or in the event a state party, in fact, allocates its
pledged delegates or alternates to presidential preference (including
uncommitted status) other than as provided under Rule 12 of these
rules, the delegation of the state shall be reduced by the same amount
and as provided in section C.(1) of this rule.
(3) Violation of the threshold. In the event the Delegates Selection
Plan of a state party provides or permits a threshold other than
fifteen (15%) percent as set forth in Rule 12 of these rules, or in the
event a state party in fact permits the implementation of a threshold
other than fifteen (15%) percent as provided in Rule 12 of these rules,
the delegation of the state shall be reduced by the same amount and as
provided in section C.(1) of this rule.
(4) Upon a determination of the DNC Rules and Bylaws Committee that a
state is in violation as set forth in subsections (1), (2) or (3) of
section C. of this rule, the reductions required under those
subsections shall become effective automatically and immediately and
without further action of the DNC Rules and Bylaws Committee, the
Executive Committee on the DNC, the DNC or the Credentials Committee of
the Democratic National Convention.
(5) Nothing in the preceding subsections of this rule shall be
construed to prevent the DNC Rules and Bylaws Committee from imposing
additional sanctions, including, without limitation, those specified in
subsection (6) of this section C., against a state party and against
the delegation from the state which is subject to the provisions of any
of subsections (1) through (3) of this section C., including, without
limitation, establishing a committee to propose and implement a process
which will result in the selection of a delegation from the affected
state which shall (i) be broadly representative, (ii) reflect the
state's division of presidential preference and uncommitted status and
(iii) involve as broad participation as is practicable under the
circumstances.
(6) Nothing in these rules shall prevent the DNC Rules and Bylaws
Committee from imposing sanctions the Committee deems appropriate with
respect to a state which the Committee determines has failed or refused
to comply with these rules, where the failure or refusal of the state
party is not subject to subsections (1), (2) or (3) of this section C.
Possible sanctions include, but are not limited to: reduction of the
state's delegation; pursuant to Rule 20.C., recommending the
establishment of a committee to propose and implement a process which
will result in the selection of a delegation from the affected state
which shall (i) be broadly representative, (ii) reflect the state's
division of presidential preference and uncommitted status and (iii)
involve as broad participation as is practicable under the
circumstances; reducing, in part or in whole, the number of the state's
temporary and permanent members to the Standing Committees; reducing,
in part or in whole, the number of guests, VIP and other passes/tickets
to the National Convention and related functions; assignment of
location of the state's delegates and alternates in the Convention
hall; and assignment of the state's housing and other convention
related facilities.
(7) In the event a state shall become subject to subsections (1), (2)
or (3) of section C. of this rule as a result of state law but the DNC
Rules and Bylaws Committee, after an investigation, including hearings
if necessary, determines the state party and the other relevant
Democratic party leaders and elected officials took all provable,
positive steps and acted in good faith to achieve legislative changes
to bring the state law into compliance with the pertinent provisions of
these rules and determines that the state party and the other relevant
Democratic party leaders and elected officials took all provable,
positive steps and acted in good faith in attempting to prevent
legislative changes which resulted in state law that fails to comply
with the pertinent provisions of these rules, the DNC Rules and Bylaws
Committee may determine that the state's delegation shall not be
reduced. The state party shall have the burden of proving by clear and
convincing evidence that it and the other relevant Democratic party
leaders and elected officials took all provable, positive steps and
acted in good faith to achieve legislative changes to bring the state
law into compliance with the pertinent provisions of these rules and
that it and the other relevant Democratic party leaders and elected
officials took all provable, positive steps and acted in good faith in
attempting to prevent the legislative changes which resulted in state
law that fails to comply with the pertinent provisions of these rules.
(8) A state party may provide in its Delegates Selection Plan the
specific method and procedures by which it will reduce its delegation
pursuant to this Rule 19 in the event the state party delegation
becomes subject to this Rule 19 by which the delegation must be reduced
by twenty five (25%) percent, which specific method and procedures
shall be subject to the review and approval of the DNC Rules and Bylaws
Committee. In the event a state's Delegate Selection Plan does not
provide for the specific method and procedures referred to in the
immediately preceding sentence, or in the event the state's Delegate
Selection Plan is either not approved by the DNC Rules and Bylaws
Committee or the specific method and procedures referred to in the
first sentence of this subsection (8) are not approved by the DNC Rules
and Bylaws Committee, or in the event a state's Delegate Selection Plan
specifies the method and procedures which have been approved by the DNC
Rules and Bylaws Committee, but the state party fails or refuses to
implement those specific method and procedures, and in the event the
state's delegation is required to be reduced pursuant to this Rule 19,
then the DNC Rules and Bylaws Committee shall, by lottery, or other
appropriate method determined by the DNC Rules and Bylaws Committee,
determine which delegates and alternates shall not be a part of the
state's delegation in order to achieve the reduction of the state's
delegation pursuant to this Rule 19. Any reduction of district-level
delegates under this provision shall be accomplished in a manner which
complies with the requirement of proportional representation as
provided for in Rule 12.
(9) Except as provided by subsection (7) of this section C., the fact
that a state party took provable, positive steps as provided in Rule 20
of these rules shall not preclude the state's delegation from being
subject to the sanctions set forth in subsection (1), (2) (3), (4) and
(5) of this section C.
D. Unresolved Challenges and Report to the Credentials Committee. The
DNC Rules and Bylaws Committee shall report its activities, together
with all challenges and complaints, to the Credentials Committee of the
Democratic National Convention. In cases involving unresolved
challenges which are appealed to the Credentials Committee, the burden
of proof shall rest with the party presenting the challenge.
Rule 20. State Legislative Changes
A. Subject to Rule 19.C. of these Rules, wherever any part of any
section contained in these rules conflicts with existing state laws,
the state party shall take provable positive steps to achieve
legislative changes to bring the state law into compliance with the
provision of these rules.
B. Provable positive steps shall be taken in a timely fashion and shall
include the drafting of corrective legislation; public endorsement by
the state party of such legislation; efforts to educate the public on
the need for such legislation; active support for the legislation by
the state party lobbying state legislation, other public officials,
Party officials and Party members; and encouraging consideration of the
legislation by the appropriate legislative committees and bodies.
C. A state party may be required by a vote of the DNC Executive
Committee upon a recommendation of the DNC Rules and Bylaws Committee
to adopt and implement an alternative Party-run delegate selection
which does not conflict with these rules, regardless of any provable
positive steps the state may have taken.
Call
For the 2000 Democratic National Convention
Adopted by the Democratic National Committee at its meeting September
26, 1998.
To Whom It May Concern:
By authority of the Democratic National Committee, the National
Convention of the Democratic Party is hereby scheduled to convene
August 14, 2000, at the STAPLES Center in Los Angeles, California, at
an hour to be announced, to select nominees for the offices of
President and Vice President of the United States of America, to adopt
and promulgate a platform and to take such other actions with respect
to such other matters as the Convention may deem advisable.
Article I. Distribution of Delegate Votes
The distribution of votes, delegates and alternates to the 2000
Democratic National Convention shall be in accordance with the
following:
A. The number of Convention votes for delegates to the Convention shall
be as set forth in the compilation included in this resolution and
determined as provided in paragraphs B, C, D, E, F, G, and H.\1\
---------------------------------------------------------------------------
\1\ See Appendix B for the allocation of delegates and alternates.
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B. A base of 3,000 delegate votes is distributed among the 50 states
and the District of Columbia according to a formula giving equal weight
to the sum of vote for the Democratic candidates in the three (3) most
recent presidential elections and to population by electoral vote. The
formula is expressed mathematically as follows:
1 SDV 1988 + SDV 1992 + SDV 1996 SEV
A = - <3-l ------------------------------- + ---- <3-
n l
2 TDV 1988 + TDV 1992 + TDV 1996 538
A = Allocation Factor.
SDV = State Democratic Vote.
SEV = State Electoral Vote.
TDV = Total Democratic Vote.
To determine the base delegation for each state and the District of
Columbia, the allocation fractions as determined by the above formula
are multiplied by 3,000. Fractions of .5 and above are rounded up to
the next highest integer.
C. Fifteen percent (15%) of the base delegate votes determined pursuant
to paragraphs B and D shall be added to the number of votes allocated
for the purpose of representing pledged Party and Elected Official
delegates. For purposes of this paragraph, the number of base delegate
votes determined pursuant to paragraph B shall be the number determined
thereunder after rounding. Fractions of .5 and above resulting from the
multiplication required by this paragraph are rounded up the next
highest integer.
D. American Samoa, Guam and Virgin Islands will each receive three (3)
at-large delegate votes. Democrats Abroad will receive six (6) at-large
and one (1) pledged Party and Elected Official delegate votes. Puerto
Rico will receive forty-four (44) base delegate votes.
E. Unpledged votes shall be allocated to each delegation to accommodate
the members of the Democratic National Committee for that state or
territory in which they legally reside. The size of such a member's
vote (i.e., whole or fractional) shall be the same size as that which
he or she is allowed to cast at meetings of the Democratic National
Committee. Additional unpledged delegates shall be allocated for other
offices serving in positions created by the Democratic National
Committee in accordance with Article 3, Section 1.(e) of the Charter of
the Democratic Party of the United States.
F. Unpledged votes shall be allocated to provide the Democratic
President, the Democratic Vice President, and all former Democratic
Presidents, all former Democratic Vice Presidents, all former
Democratic Leaders of the United States Senate, all former Democratic
Speakers of the United States House of Representatives and Democratic
Minority Leaders, as applicable, and all former Chairs of the
Democratic National Committee.\2\ Such delegates shall be seated with
the state delegations from the state in which they have their voting
residences.
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\2\ Former Chairs of the Democratic National Committee shall include
National Chairs and General Chairs.
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G. Additional unpledged votes shall be added if needed to provide for
the Democratic Governor \3\ (if any) from the state or territory and
for the Democratic Members of the United States House of
Representatives and Democratic United States Senators from that state
or territory (if any).\4\
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\3\ The Mayor of the District of Columbia, shall be treated as a
Democratic Governor.
\4\ The District of Columbia's Statehood Senators, if Democrats, shall
be treated as Democratic United States Senators.
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H. In addition to the delegates allocated to the delegations pursuant
to paragraphs B, C, D, E, F and G, each state, territory or
commonwealth shall select a number of unpledged add-on delegates
equivalent to one (1) such delegate for every four (4) votes on the
Democratic National Committee from that state, territory or
commonwealth, pursuant to Rule 8.B. of the Delegate Selection Rules.
Fractions of .5 and above are rounded up to the next highest integer.
I. Each state, the District of Columbia and Puerto Rico may select a
number of alternates equivalent to one (1) alternate for every six (6)
Convention votes received by it pursuant to paragraphs B, C and D,
provided however, that each such delegation shall have at least four
(4) alternates. American Samoa, Democrats Abroad, Guam and the Virgin
Islands shall each have one (1) alternate. Fractions of .5 and above
are rounded up to the next highest integer. It is further provided that
each state shall have the number of additional at-large alternates
necessary to provide at least one alternate for each presidential
candidate who is entitled to delegates from that state, if the DNC
Rules and Bylaws Committee determines that the number of alternates
allocated to the state is not sufficient for each presidential
candidate to have at least one alternate.
J. Members of the Democratic National Committee and delegates selected
pursuant to paragraphs F, G and H will be ineligible to serve as
delegates under any other category and may hold no more than one (1)
vote. Democratic Governors, Democratic Members of the United States
House of Representatives and Democratic United States Senators who are
members of the Democratic National Committee shall serve as delegates
by virtue of their membership on the National Committee.
Article II. Qualifications of State Delegations
A. Notice is hereby given that delegates, alternates and standing
committee members to the Democratic National Convention shall be
elected in accordance with the Charter and Bylaws of the Democratic
Party of the United States, the Delegate Selection Rules for the 2000
Democratic National Convention, the Call for the 2000 Democratic
National Convention, and the Regulations of the DNC Rules and Bylaws
Committee. The DNC Rules and Bylaws Committee shall have the final
authority to regulate the delegate selection process, subject to the
authority of the Convention Creditials Committee and the Democratic
National Convention. It shall be the duty of the DNC Rules and Bylaws
Committee to administer the delegate selection process and ensure
compliance with the rules, including equal division, and report to the
Secretary of the Democratic National Committee those states which are
in non-compliance. Only delegates and alternates selected under a
delegated selection procedure approved by the DNC Rules and Bylaws
Committee and in accordance with the rules shall be placed on the
Temporary Roll of the 2000 Democratic National Convention. Only
standing committee members and convention pages chosen pursuant to a
state delegate selection plan found in compliance with the rules by the
DNC Rules and Bylaws Committee shall be qualified to serve in their
respective capacities.
B. It is understood that a State Democratic Party, in electing and
certifying delegates and alternates to the Democratic National
Convention, thereby undertakes to assure all Democratic voters in the
state full, timely and equal opportunity to participate in the delegate
selection process and in all Party affairs and to implement affirmative
action programs toward that end, and that the delegates and alternates
to the Convention shall be selected in accordance with the Delegate
Selection Rules for the 2000 Democratic National Convention adopted by
the Democratic National Committee on May 9, 1998, and that voters in
the state will have the opportunity to cast their selection ballots for
the Presidential and Vice Presidential nominees selected by said
Convention, and for electors pledged formally and in good conscience to
the election of these Presidential and Vice Presidential nominees,
under the label and designation of the Democratic Party of the United
States, and that the delegates it certified will not publicly support
or campaign for any candidate for President or Vice President other
than the nominees of the Democratic National Convention.
C. It is presumed that the delegates to the Democratic National
Convention, when certified pursuant to the Call, are bona fide
Democrats who are faithful to the interests, welfare and success of the
Democratic Party of the United States, who subscribe to the substance,
intent and principles of the Charter and the Bylaws of the Democratic
Party of the United States, and who will participate in the Convention
in good faith. Therefore, no additional assurances shall be required of
delegates to the Democratic National Convention in the absence of a
credentials contest or challenge.
Article III. Delegate Selection Deadline
All state parties are required to take all steps necessary and
appropriate to complete the process of selecting delegates to the 2000
Democratic National Convention no later than June 24, 2000.
Article IV. Certification Requirements
A. Pledged Delegates and Alternates: Each state's Democratic Chair
shall certify in writing to the Secretary of the Democratic National
Committee the election of his or her state's delegates and alternates
to the Democratic National Convention within three (3) days after their
election. For the purposes of this Call, the Chair of a committee
constituted pursuant to Rule 19.C. of the Delegate Selection Rules,
shall be recognized to act in place of the state's Democratic Chair.
B. Unpledged Delegates:
1. Pursuant to Rule 8.A. of the Delegate Selection Rules, official
confirmation by the Secretary of the Democratic National Committee to
each State Democratic Chair shall constitute verification of the
following unpledged delegates: members of the Democratic National
Committee; the Democratic President, Vice President and Democratic
Governor, if applicable; all Democratic members of the United States
House of Representatives and all Democratic members of the United
States Senate; and all former Democratic Presidents, Vice Presidents,
Majority Leaders of the United States Senate, Speakers of the United
States House of Representatives, and Chairs of the Democratic National
Committee.
2. Each state's Democratic Chair shall certify in writing to the
Secretary of the Democratic National Committee the selection of the
state's unpledged add-on delegates to the Democratic National
Convention selected pursuant to Article I.H. within three (3) days
after their selection.
C. Replacements:
1. Pledged Delegates and Alternates: Replacement of a delegate (due to
resignation or death) by an alternate and replacement of a vacant
alternate position shall be certified in writing by the State's
Democratic Chair to the Secretary of the Democratic National Committee
(pursuant to Rule 17 of the Delegate Selection Rules) within three (3)
days after the replacement is selected. Certification of replacements
will be accepted by the Secretary up to 48 hours before the first
official session of the Convention is scheduled to convene.
2. Unpledged Delegates:
a. Members of Congress and Democratic Governors shall not be entitled
to name a replacement. In the event of any changes or vacancies in a
state's Democratic congressional delegation following the official
confirmation and prior to the commencement of the National Convention,
the Secretary shall recognize only such changes as have been officially
recognized by the Democratic Caucus of the United States House of
Representatives or the Democratic Conference of the United States
Senate. In the event of a change or vacancy in a state's office of
Governor following the official confirmation and prior to the
commencement of the National Convention, the Secretary shall recognize
only such changes as have been officially recognized by the Democratic
Governors' Association.
b. Members of the Democratic National Committee and unpledged add-on
delegates selected pursuant to Article I.H. shall not be entitled to a
replacement, nor shall the state be entitled to a replacement, except
in the case of death of such delegates. In cases where a state's DNC
membership changes following the Secretary's official confirmation, but
prior to the commencement of the 2000 Democratic National Convention,
acknowledgment by the Secretary of the certification of the new DNC
member shall constitute verification of the corresponding change of
unpledged delegates.
c. Delegates allocated pursuant to Articles I.F. and I.H. of this Call
shall not be entitled to name a replacement, nor shall the state be
entitled to a replacement.
D. Delegation Chair: Each delegation shall select one (1) person to
serve as Delegation Chair. The State Chair shall certify the Delegation
Chair. Such certification shall be in writing to the Secretary of the
Democratic National Committee within three (3) days after the position
is filled, which shall be no later than the date by which the state
certifies its standing committee members.
E. Convention Pages:
1. A base of 150 Convention Pages shall be allocated among the 56
delegations as follows:\5\
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\5\ See Appendix C for the allocation of Convention Pages.
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a. Each of the 50 States, the District of Columbia and Puerto Rico
shall have a minimum of two (2) pages.
b. One (1) additional page will be allocated to a state for every fifty
(50) additional delegate votes. Fractions of .5 and above are rounded
up to the next highest integer.
c. American Samoa, Democrats Abroad, Guam and the Virgin Islands shall
be allocated one (1) page.
2. The National Chairperson of the Democratic National Committee, in
consultation with the General Chairperson of the Democratic National
Committee, may select not more than twenty-five (25) pages to assist
him/her and the Democratic National Convention Committee in carrying
out the work of the Convention.
3. The State Chair shall certify the person(s) to serve as the
Delegation's Convention Page(s), as allocated to the delegation by this
section. Such certification shall be in writing to the Secretary of the
Democratic National Committee and shall be made no later than the time
the state certifies its standing committee members pursuant to Article
VIII.B.(3) of this Call. The National Chairperson of the Democratic
National Committee shall certify the person(s) to serve as the Chair's
Convention Page(s), as allocated to the National Chairperson by this
section. Such certification shall be in writing to the Secretary of the
Democratic National Committee and shall be made within three (3) days
after these positions are filled, but in any event, no later than June
24, 2000.
F. Certification Requirements: Each certification required herein will
include full name, address and other information as required by the
Secretary of the Democratic National Committee.
Article V. The 2000 Democratic National Convention Committee, Inc.
A. The Democratic National Committee, acting under its authority to
plan, arrange, manage and conduct the Democratic National Convention,
hereby ratifies the establishment and organization of the 2000
Democratic National Convention Committee, Inc. (the ``DNCC'') for the
2000 Democratic National Convention.
B. The DNCC shall exercise the authority of the Democratic National
Committee and the Democratic National Convention in entering into
contracts relating to all business and financial matters connected with
the conduct of the 2000 Democratic National Convention.
C. The DNCC shall make every effort to exercise its authority in
accordance with the following guidelines, subject to Rule 19.C. of the
Delegate Selection Rules:
1. Contractors: The DNCC shall as a policy seek to engage the services
of unionized firms, including those owned by minorities, women and
people with disabilities.
2. Housing: The DNCC shall design and implement a fair and equitable
system by which hotel facilities shall be allocated to eligible state
delegations and to presidential candidates.
3. Delegate and Alternate Seating in Convention Hall: The DNCC shall
design and implement a fair and equitable system by which the location
of each eligible state delegation's seating in the Convention Hall
shall be determined. Alternates shall be afforded preferential seating,
as close to delegate seating as arrangements will permit. Members of
Democratic National Convention Standing Committees who are not already
delegates or alternates shall be afforded guest seating during the
period their committee report is being considered. The DNCC will
determine, based on space availability in the Convention Hall, whether
such guest seating can be extended for periods when the committee's
report is not being considered.
4. Delegates' and Alternates' Credentials: The state's delegate and
alternate credentials shall be distributed to the Chair of the state
delegation from the DNCC's credentials office.
5. Floor Access: Floor access shall be given to delegates, alternates
replacing delegates, the highest ranking Democratic official in each
state that does not have a Democratic Governor, each State Democratic
Party's Executive Director, such number of representatives of the
presidential candidates as may be deemed necessary by the DNCC, and
such press personnel and other personnel as may be determined by the
DNCC to be necessary for the proper functioning of the Convention and
which does not compromise security and safety requirements.
6. Visitor's Seating: A contingent of seats for members-elect of the
Democratic National Committee as certified by the state's Democratic
Chair, guests and other observers shall be allocated for and shall be
fairly apportioned to the states according to each state's relative
delegate strength. The Delegation Chair and the State Democratic Chair
shall each be given one half of the credentials for guest seats
apportioned to the state pursuant to this paragraph. Presidential
preference shall be taken into account in the distribution of guest
credentials.
7. Communications:
a. Microphones: Each state shall be provided one (1) floor microphone
which shall be located at the position of the Chair of the state
delegation. Each delegate shall have access to the microphone.
b. Telephones: Adequate provisions shall be made for communication
between the floor and the Chair of the Conventions so as to advise the
Chair of the identify of any delegate seeking recognition to speak and
the purpose for which recognition is sought. One (1) such telephone
shall be installed for each state delegation.
General: No communication equipment other than that authorized by these
guidelines or by the DNCC shall be permitted on the floor of the
Convention.
8. Facilities for Presidential Candidates: The National Chairperson of
the Democratic National Committee, is consultation with the General
Chairperson of the Democratic National Committee, the Chief Executive
Officer of the DNCC and representatives of the presidential candidates,
shall design and implement a fair and equitable system whereby
facilities in the Convention Hall and its immediate environs shall be
fairly apportioned to presidential campaigns so as not to afford an
undue advantage to any presidential candidate. The cost of such
facilities shall be paid by the presidential campaigns.
9. Facilities for News Media and Press Seating: There shall be made
available adequate facilities, as close to the Convention floor as
conditions permit, for the pencil press, radio and television,
including a limited number of camera positions commanding a full view
of the proceedings. The cost of such facilities shall not be borne by
the DNCC.
10. Security: Coordination for security within the Convention Hall,
premises and surrounding area, shall be under the authority of the
DNCC.
11. Financial Reports: The DNCC shall file with the Federal Election
Commission (``FEC'') all financial reports required by the Federal
Election Campaign Act of 1971, as amended, and applicable FEC
regulations.
Article VI. Presidential Candidates
The term ``presidential candidate'' herein shall mean any person who,
as determined by the National Chairperson of the Democratic National
Committee, has accrued delegates in the nominating process and plans to
seek the nomination, has established substantial support for his or her
nomination as the Democratic candidate for the Office of the President
of the United States, is a bona fide Democratic whose record of public
service, accomplishment, public writings and/or public statements
affirmatively demonstrates that he or she is faithful to the interests,
welfare and success of the Democratic Party of the United States, and
will participate in the Convention in good faith.
Article VII. Standing Committees on Platform, Rules, and Credentials of
the 2000 Democratic National Convention
The Democratic National Committee, acting under its authority to issue
the Call and establish the standing committees of the National
Convention, hereby creates and organizes the Standing Committees on
Platform, Rules, and Credentials of the 2000 Democratic National
Convention. The jurisdiction and rules of procedure of each standing
committee are set forth in this Call to the 2000 Democratic National
Convention. Each standing committee may, by a majority of the members
voting, adopt additional rules of procedure for the conduct of its
business not inconsistent with this Call. The Democratic National
Committee shall publish and make available all relevant requirements
and deadlines for submitting proposals for consideration by the
standing committees. Such information shall be distributed to the
standing committee members and made available to the public as early as
practicable before the committees meet.
A. Membership: Subject to Rule 19.C. of the delegate Selection Rules,
each standing committee shall be composed of:
1. Base: A base of 161 members, casting 158 votes, allocated to the
states and territories in accordance with the same distribution formula
used to allocate delegates to the Democratic National
Convention.6
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\6\ See Appendix D for the allocation of standing committee members.
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2. PLEOs: 25 members, each casting one (1) vote who shall be Party
Leaders and Elected Officials.
3. Delegate Status: Members of the standing committees need not be
delegates or alternates to the Democratic National Convention.
4. Quorum: A majority of the total votes allocated to a standing
committee shall constitute a quorum thereof for the purpose of
transacting business. Such votes shall be present and represented by
the standing committee members. Upon a point or order of no quorum, the
Chair shall ascertain the presence or absence of a quorum by visual
estimation and shall not proceed until a quorum is present, provided,
however, that a roll call vote shall be had on the question of whether
a quorum exists if the Chair is in doubt or upon demand of any member
of the standing committee supported by:
a. twenty percent (20%) of the members of the committee as evidenced by
a petition submitted to the Chair indicating support of the demand by
not less than twenty percent (20%) of the members present, or
b. by the rising in support of the demand by not less than twenty
percent (20%) of the members present, except that a motion to adjourn
may be offered and voted upon without a quorum present.
5. Proxies: As the standing committees are deliberative bodies of the
National Convention, proxy voting by standing committee members shall
not be permitted.
6. Subcommittees: Any subcommittee of the standing committees of the
National Convention shall be composed only of members of standing
committees, except that these subcommittees may be chaired by persons
other than members of the committee.
B. Election:
1. The members of the standing committees allocated to the states and
territories shall be elected by each state's National Convention
delegates present at a meeting of which adequate notice of time and
place shall be given and at which a quorum of the state's delegates
shall be present. Such meeting shall be held in accordance with
procedures approved by the DNC Rules and Bylaws Committee and
consistent with this Call. Such meeting shall take place within seven
(7) days after the final selection of a state's delegation, but no such
meeting shall be held after June 24, 2000.
2. The members of the standing committees allocated as Party Leaders
and Elected Officials shall be elected by the Executive Committee of
the Democratic National Committee during the calendar year of the
National Convention upon nomination received from the National
Chairperson of the Democratic National Committee, after consultation
with the General Chairperson of the Democratic National Committee and
State Chairs from those states from which members are contemplated to
be nominated.
3. Each state's Democratic Chair shall certify in writing to the
Secretary of the Democratic National Committee his or her state's
standing committee members within three (3) days after their selection.
The National Chairperson of the Democratic National Committee shall
certify in writing to the Secretary of the Democratic National
Committee the Party Leader and Elected Official standing committee
members within three (3) days after their election. Certification of
each person will include full name, address and other information as
required by the Secretary of the Democratic National Committee.
4. No substitutions will be permitted in the case of standing committee
members, except in the case of resignation or death. Substitutions must
be made in accordance with the election procedures specified in Article
VII.B., C., D., and E., and must be certified in writing to the
Secretary of the Democratic National Committee, in accordance with
procedures specified in Article VII.B.3.
5. Any challenge to the credentials of a standing committee member
shall be considered and resolved by the affected standing committee in
accordance with Appendix A of this Call. The DNC Rules and Bylaws
Committee shall have jurisdiction over challenges brought before the
56th day preceding the date of commencement of the Democratic National
Convention.
C. Presidential Preference:
1. The members of the standing committees allocated to the states and
territories shall proportionately represent the presidential preference
of all candidates (including uncommitted status) receiving the
threshold percentage used in that state's delegation to calculate the
at-large apportionment pursuant to Rule 12.E. of the Delegate Selection
Rules, provided, however, that members of the standing committees from
primary states shall be allocated to presidential candidates (including
uncommitted status) based on the statewide popular vote.
2. The presidential preference percentage of each candidate receiving
the applicable percentage or more within the delegation shall be
multiplied by the total number of standing committee positions
allocated to that state or territorial delegation. If the result of
such multiplication does not equal 0.455 or above, the presidential
preference in question is not entitled to representation on the
standing committee. If the result of such multiplication is 0.455 but
less than 1.455, the presidential preference in question is entitled to
one (1) position. Those preferences securing more than 1.455 but less
than 2.455 are entitled to two (2) positions, etc.
3. Where the application of this formula results in the total
allocation exceeding the total number of committee positions, the
presidential candidate whose original figure of representation is
farthest from its eventual rounded-off total shall be denied that one
(1) additional position. Where the application of this formula results
in the total allocation falling short of the total number of committee
positions, the presidential candidate whose original figure of
representation is closet to the next rounding level shall be allotted
an additional committee position.
4. Standing committee positions allocated to a presidential candidate
shall be proportionately allocated, to the extent practicable, to each
of the three standing committees. When such allocation results in an
unequal distribution of standing committee positions by candidate
preference, a drawing shall be conducted to distribute the additional
positions.
D. Presidential Candidate Right of Approval:
1. Each presidential candidate or that candidate's representative
authorized pursuant to Rule 11.D.(1) of the 2000 Delegate Selection
Rules shall be given adequate notice of the meeting of the state's
delegation authorized to select standing committee members.
2. The delegation shall select the standing committee members submitted
by the presidential candidates (including uncommitted status), and
presidential candidates shall not be required to submit the name of
more than one person for each slot awarded to such candidate for
members of standing committees.
E. Division Between Men and Women:
1. The membership of each of the standing committees from a state or
territory shall be as equally divided among men and women as possible
under the state allocation; if the number is even, the membership shall
be equally divided between men and women; if the number is odd, the
variance between men and women may not exceed one (1), and the
advantaged gender must not remain constant for the three standing
committees. The DNC Rules and Bylaws Committee shall have continuing
jurisdiction to ensure compliance with this equal division requirement.
No standing committee members from a state shall be officially
recognized unless the Rules and Bylaws Committee has certified to the
Secretary of the Democratic National Committee that such state's
standing committee delegation complies with this equal division rule.
It is the duty of the DNC Rules and Bylaws Committee to determine such
compliance as soon as practicable following the certification of the
state's standing committee members.
2. The Party Leaders and Elected Official membership of the standing
committees elected by the Executive Committee of the Democratic
National Committee shall be divided among men and women so that the
variance between men and women does not exceed one (1), and the
advantage gender must not remain constant for the three standing
committees.
F. Chairs of Standing Committees:
1. The Chair of each Standing Committee shall be elected by the
Executive Committee of the Democratic National Committee upon
nomination of the National Chairperson of the Democratic National
Committee, after consultation with the General Chairperson of the
Democratic National Committee. Co-Chairs and Vice Chairs may also be
elected in this manner.
2. Individuals who are not otherwise members of the standing committees
who are elected Chair, Co-Chair or Vice Chair thereof shall not have
any voting privileges on the standing committees, except that the Chair
may vote in the case of a tie.
3. The Chair of each standing committee shall call and preside over
each committee meeting, prepare an agenda to provide for orderly
conduct of the committee's business, and supervise preparation of such
research studies and briefing materials as are required to accomplish
the committee's work.
G. Platform Committee:
1. The Platform Committee shall be responsible for drafting and
recommending the Platform of the Democratic Party to the Democratic
National Convention.
2. The Chair of the Platform Committee, in consultation with the
National Chairperson and General Chairperson of the Democratic National
Committee, shall determine the number, place and time for conducting
hearing(s) and/or forum(s) and name the presiding panel, who need not
be members of the Platform Committee, for each hearing and/or forum.
Any person may submit a written statement concerning the Platform to
the Platform Committee at any time prior to the Platform Committee
meeting, and may request permission to testify at a public hearing and/
or forum.
3. Prior to the first meeting of the Platform Committee, the National
Chairperson of the Democratic National Committee, in consultation with
the General Chairperson of the Democratic National Committee, shall
distribute to the members of the Platform Committee a document
outlining the issues to be considered by the committee.
4. The National Chairperson of the Democratic National Committee, in
consultation with the General Chairperson of the Democratic National
Committee and the Chair of the Platform Committee, shall appoint
fifteen (15) persons, to serve on a Platform Drafting Committee and the
National Chairperson of the Democratic National Committee, in
consultation with the General Chairperson of the Democratic National
Committee, shall appoint the Chair thereof. In addition, one (1) non-
voting member may be appointed by each presidential candidate to serve
on the Drafting Committee. The Platform Drafting Committee is not
considered a subcommittee of the Platform Committee as defined in
Article VII.A.6. The Drafting Committee shall be responsible for the
drafting of the report of the Platform Committee under the direction
and with the approval of the full Platform Committee.
5. Upon the request of members representing twenty percent (20%) of the
total votes of the Platform Committee, a minority report shall be
prepared for distribution to the Convention delegates and alternates as
part of the committee's report. The committee staff shall assist in the
preparation of such report.
6. The report of the Platform Committee and any minority reports shall
be distributed to all delegates and alternates, and to the public as
soon as practicable after their adoption.
H. Rules Committee:
1. The Rules Committee shall issue a report to the Democratic National
Convention recommending the Permanent Rules of the Convention, the
Convention agenda, the permanent officers of the Democratic National
Convention, amendments to the Charter of the Democratic Party of the
United States, and resolutions providing for the consideration of any
other matter not provided for in the Permanent Rules of the Convention
and not contained in the reports of other standing committees. The
foregoing notwithstanding, no amendment to the Charter of the
Democratic Party shall be effective unless and until it is subsequently
ratified by a vote of the majority of the entire membership of the
Democratic National Committee.
2. Upon the request of members representing twenty percent (20%) of the
total votes of the Rules Committee, a minority report shall be prepared
for distribution to the Convention delegates and alternates as part of
the committee's report. The committee staff shall assist in the
preparation of such report.
3. The report of the Rules Committee and any minority reports shall be
distributed to all delegates, alternates, and to the public as soon as
practicable after their adoption.
I. Credentials Committee and Procedures for Challenging Delegates or
State Delegations:
1. The Credentials Committee shall determine and resolve questions
concerning the seating of delegates and alternates to the Convention
pursuant to the resolution entitled the ``Relationship Between the 2000
Rules of Procedure of the Credentials Committee and the 2000 Delegate
Selection Rules,'' which includes the ``Rules of Procedure of the
Credentials Committee of the 2000 Democratic National Convention''
hereby approved and adopted by the Democratic National Committee, and
set forth in full in the Appendix to this Call. The committee shall
report to the Convention for final determination and resolution of all
such questions. This committee does not have authority over the
allocation and distribution of convention credentials, including passes
for delegates, alternates, guests or press.
2. Challenges to the seating of any delegate or alternate shall be in
accordance with the Rules of Procedure of the Credentials Committee.
Any challenge to the seating of a delegate or alternate that is not
made in conformity with these rules shall be deemed waived.
3. Upon the request of members representing twenty percent (20%) of the
total votes of the Credentials Committee, a minority report shall be
prepared for distribution to the Convention delegates and alternates as
part of the committee's report; provided, however, that no member
elected to the committee by a state delegation may join in such request
as to a proposed minority report relating to a credentials challenge to
any delegate or alternate from his or her state. The committee staff
shall assist in the preparation of such report.
4. The report of the Credentials Committee and any minority reports
shall be distributed to all delegates, alternates, and the public as
soon as practicable after their adoption.
Article VIII. Procedural Rules of the 2000 Democratic National
Convention
The following Procedural Rules shall serve as the Temporary Rules of
Procedure for the 2000 Democratic National Convention and are
recommended to the Rules Committee and to the Convention as the
Permanent Rules of Procedure for the conduct of the 2000 Democratic
National Convention.
A. Temporary Chair:
1. The National Chairperson of the Democratic National Committee shall
call the Convention to order and shall preside until the Permanent
Chair of the Convention shall be chosen in accordance with these rules.
2. The National Chairperson of the Democratic National Committee, in
consultation with the General Chairperson of the Democratic National
Committee, shall appoint a Temporary Secretary and such other temporary
officers as may be required to assist in the conduct of the business of
the Convention. These officers shall be composed equally of men and
women.
B. Temporary Roll:
1. The Secretary of the Democratic National Committee shall determine a
Temporary Roll of delegates to the Convention which shall consist only
of those persons selected and certified as delegates in accordance with
the Rules and pursuant to this Call, unless a credentials contest shall
have arisen with respect to any such person(s), in which case the
Secretary shall include on the Temporary Roll the name of the
credentials contestant recommended for inclusion by the Credentials
Committee in its report.
2. Persons whose names are included on the Temporary Roll of delegates
shall be permitted to vote on all matters before the Convention until
after the adoption of the report of the Credentials Committee; provided
that no person shall be permitted to vote on his or her credentials
contest.
C. Order of Business: The order of business for the Democratic National
Convention shall be as provided in these rules and in any special order
of business adopted under Section D. of these rules. The Chair of the
Convention may, at appropriate times, interrupt the order of business
provided for in these rules for introductions, announcements,
addresses, presentations, resolutions of tribute and appreciation, or
remarks appropriate to the business of the Convention.
1. Report of the Committee on Credentials: The Report of the
Credentials Committee shall be acted upon before the consideration of
other business.
a. The Temporary Chair shall recognize the Chair of the Credentials
Committee for up to thirty (30) minutes to present the committee's
report unless a longer period of time shall be provided in a special
order of business agreed upon by the Convention. The Chair of the
committee may present committee amendments, yield part of his or her
time to others and may yield for the presentation and disposition of
minority reports without losing the right to the floor.
b. The Temporary Chair shall arrange for the orderly presentation of
amendments and of minority reports offered at the direction of the
committee. Twenty (20) minutes shall be allowed for the presentation of
each committee amendment or minority report unless a longer period for
any committee amendment or minority report is provided in special
orders of business agreed to by the Convention. Time shall be allotted
equally to proponents and opponents of each committee amendment or
minority report. The questions shall be put on each committee amendment
or minority report immediately following its presentation without
intervening motion.
c. Upon conclusion of the consideration and disposition of committee
amendments and minority reports, the Temporary Chair shall put the
question on the adoption of the report of the Credentials Committee
with amendments previously adopted, if any, without intervening motion.
A favorable majority vote of the Convention delegates eligible to vote
shall constitute adoption of the report.
d. In the event that the committee's report shall not be adopted when
the question is put, the committee shall immediately reconvene to
reconsider its report and shall present a new report to the Convention
as soon as possible.
2. Report of Rules Committee: The Temporary Chair may then recognize
the Chair of the Rules Committee to present the committee's report for
the Rules of the Convention and minority reports, if any, in the same
manner as that provided for the presentation of the Report of the
Credentials Committee. However, the Temporary Chair may, in the
interest of conducting an orderly proceeding, opt to place before the
Convention the election of the Permanent Chair, the Co-Chairs and the
Secretary, prior to the presentation of the Rules Committee report.
3. Convention Chair: The Convention shall proceed to elect the
Permanent Convention Chair in the following manner:
a. In accordance with the requirements of the 1984 Democratic National
Convention Resolution which calls for alternating the Convention Chair
by gender, the Permanent Chair of the 2000 Democratic National
Convention shall be a female.
b. The Chair of the Rules Committee shall be recognized to offer a
nomination for Convention Chair as recommended by the Committee on
Rules. Nominations from the floor shall then be received.
c. When there are no further nominations or upon adoption of a motion
to close nominations, the Temporary Chair of the Convention shall
conduct a vote for Permanent Convention Chair.
d. A majority vote of the delegates present and voting shall be
required to elect the Convention Chair. Balloting shall continue until
a Chair is elected. The Permanent Chair shall then take the gavel.
4. Convention Co-Chairs: The Convention shall proceed to elect Co-
Chairs and a Secretary in the same manner in which it elected the
Chair. The Co-Chairs shall be divided equally between men and women.
5. Committee on Platform: The Permanent Chair shall recognize the Chair
of the Platform Committee to present the committee's report and
minority reports, if any, in the same manner as that provided for the
presentations of the reports of the Credentials and Rules Committees.
6. Nomination of the Democratic Candidate for President: The Permanent
Chair shall receive nominations from the floor for the Democratic
candidate for the Office of President of the United States in the
following manner:
a. Requests to nominate a presidential candidate shall be in writing
and shall have affixed thereto the written approval of the proposed
nominee and the name of the individuals who shall be recognized to make
the nominating and seconding speeches on behalf of a presidential
candidate and shall be delivered to the Convention Secretary at a
location as specified by the Secretary no later than 6:00 p.m. of the
day preceding the day designated for the commencement of presidential
nominations.
b. Each such request must be accompanied by a petition indicating
support for the proposed nominee signed by delegates representing not
less than 300 nor more than 600 delegate votes, not more than 50 of
which may come from one (1) delegation. A delegate may not sign more
than one (1) nominating petition for president and for vice president.
c. The order for nominating presidential candidates shall be determined
by the National Chairperson of the Democratic National Committee after
consultation with the General Chairperson of the Democratic National
Committee, the Permanent Chair of the Convention and each presidential
candidate, or his or her authorized representative, who qualifies to be
nominated pursuant to this section.
d. Each presidential candidate shall be allowed a total of twenty (20)
minutes for the presentation of his or her name in nomination by
nominating and seconding speeches, the time to run without interruption
from the recognition of the nominator.
e. Delegates and alternates shall maintain order during and following
nominations for the Office of President and demonstrations shall not be
permitted.
7. Roll Call for Presidential Candidate:
a. After nominations for presidential candidates have closed, the
Convention shall proceed to a roll call vote by states on the selection
of the presidential candidate. The roll call voting shall follow the
alphabetical order of the states with the District of Columbia and
Puerto Rico treated as states for the purpose of the alphabetical roll
call. The territories, called in alphabetical order, shall follow the
alphabetical roll call of the states.
b. A majority vote of the Convention's delegates shall be required to
nominate the presidential candidate. Delegates may vote for the
candidate of their choice whether or not the name of such candidate was
placed in nomination. Balloting will continue until a nominee is
selected.
8. Acceptance Speech by Presidential Candidate: Immediately after the
selection of the Democratic nominee for President, the Permanent Chair
shall invite the nominee to deliver an acceptance speech to the
Convention. The nominee shall become the candidate of the Democratic
Party of the United States for the office of President upon completion
of his or her acceptance speech to the Convention.
9. Nomination for the Democratic Candidate for Vice President: The
selection of a nominee for the Office of Vice President of the United
States shall be conducted in the same manner as that heretofore
provided for the selection of the nominee for President of the United
States except that a request to nominate must be delivered to the
Convention Secretary at a location as specified by the Secretary not
later than 9:00 a.m. of the day designated for the commencement of Vice
Presidential nominations.
10. Roll Call Ballot for Vice Presidential Candidate:
a. After nominations for Vice Presidential candidates have closed, the
Convention shall proceed to a roll call vote by states on the selection
of the Vice Presidential candidate. The roll call voting procedure
shall be conducted in the same manner as that heretofore provided for
the selection of the nominee for President of the United States.
b. A majority vote of the Convention's delegates shall be required to
select the Vice Presidential candidate. Delegates may vote for the
candidate of their choice whether or not the name of such candidate was
placed in nomination. Balloting will continue until after a nominee is
selected.
11. Acceptance Speech by Vice Presidential Candidate: Immediately after
the selection of the Democratic nominee for Vice President, the
Permanent Chair shall invite the nominee to deliver an acceptance
speech to the Convention. The nominee shall become the candidate of the
Democratic Party of the United States for the office of Vice President
upon completion of his or her acceptance speech to the Convention.
D. Special Orders of Business: It shall be in order at any time for the
Rules Committee at the request of the Chair of the Convention, or
pursuant to its rules, to report a resolution providing a special order
of business for debate of any resolution, motion, committee report or
minority report or for the consideration of any matter.
E. Powers and Duties of the Chair:
1. It shall be the responsibility of the Chair to conduct and expedite
the business of the Convention and to preserve order and decorum in its
proceedings.
2. The Chair is authorized to appoint such Convention officers as may
be required to assist in the conduct of the business of the Convention,
such officers to be composed equally of men and women; to appoint any
delegate temporarily to perform the duties of the Chair; and to take
such lawful action as may be necessary and appropriate to preserve
order throughout the Convention Hall; and to take any actions
consistent with the Charter and the Bylaws of the Democratic Party of
the United States and this Call.
F. Voting:
1. Secret Ballot: No secret ballots shall be permitted at any stage of
the Convention or its committee proceedings.
2. Proxy Voting: Neither delegate nor alternate delegate votes may be
cast by proxy.
3. Roll Call Votes:
a. Voting shall be by vote or, when prescribed by these rules, by roll
call vote. The roll call voting shall follow the order as specified in
Article VIII.C.7.a. A roll call vote shall also be had if the Chair is
in doubt or upon demand of any delegate supported by twenty percent
(20%) of the Convention's delegates as evidenced by one of the
following methods:
(1) A petition submitted to the Chair indicating support of the demand
by delegations which comprise not less than twenty percent (20%) of the
Convention's delegates. In the case of the petition in support of a
demand for a roll call vote, a delegation shall be taken to support the
demand if a majority of its delegates have signed a petition to do so.
(2) By the rising in support of the demand by not less than twenty
percent (20%) of the delegates present.
b. When a roll call vote is ordered, the roll call shall be called by
states, and the Chair of each delegation or his or her designee shall
report the vote of his or her delegation and shall send to the
Convention Secretary a tally showing the vote of each member of his or
her delegation indicating whether such vote was cast in person or by an
alternate. Such roll call and votes may be conducted by having the
Chair for each delegation report by telephone, or electronic voting
mechanism, the vote of his or her delegation to the rostrum, provided
that the telephone poll shall not be used in the balloting for the
Presidential and Vice Presidential nominees. Business shall be
permitted to proceed during the telephone roll call votes may be
conducted by electronic mechanism. After each official vote, the
Delegation Chair shall record and tally votes of the delegation on
official roll call tally sheets provided by the Convention Secretary.
All official roll call tally sheets shall be turned in to the
Convention Secretary at a specified location not more than thirty (30)
minutes after the close of each voting period.
c. All delegates to the National Convention pledged to a presidential
candidate shall in all good conscience reflect the sentiments of those
who elected them.
d. In the case where a pledged delegate is not on the floor of the
Convention Hall at the time a vote is taken, an alternate may be
designated according to the rules to cast the vote. In no case may an
alternate cast a vote for a delegate allocated under I.E., I.F., I.G.
or I.H. of this Call.
e. On a roll call by states, the vote of a delegation as announced may
be challenged by any member of that state's delegation within five (5)
minutes of the announcement of the state's vote, or prior to the
announcement of the voting results, whichever is earlier. The votes of
that delegation shall then be recorded as polled without regard to any
state law, party rule, resolution or instruction binding the delegation
or any member thereof to vote for or against any candidate or
proposition. The Convention Chair may send a parliamentarian to the
delegation to conduct the poll. At the discretion of the Convention
Chair, the roll call may continue instead of waiting for the result of
the polling.
f. On a roll call vote conducted by telephone or other electronic
voting mechanism, the vote of a delegation as shown on the video
projection system may be challenged by any member of the delegation at
any time during a period not to exceed five (5) minutes after the
delegation's final vote is shown on the screen.
g. A demand to poll a delegation may be withdrawn at any time before
the actual polling has begun.
4. Interruption of Vote: When the question has been put, the vote
thereon may not be interrupted for any purpose other than a demand for
a roll call vote or a point or order directed to the conduct of the
vote.
5. Determination of Question: Except as otherwise provided in these
rules, all questions, including the question of nominations, of
candidates for President and Vice President of the United States, shall
be determined by a majority vote of the delegates to the Convention.
G. Filling a Vacancy on the National Ticket: In the event of death,
resignation or disability of a nominee of the Party for President or
Vice President after the adjournment of the National Convention, the
National Chairperson of the Democratic National Committee, in
consultation with the General Chairperson of the Democratic National
Committee, shall confer with the Democratic leadership of the United
States Congress and the Democratic Governors Association and shall
report to the Democratic National Committee, which is authorized to
fill the vacancy or vacancies.
H. Interpretation of the Rules: In interpreting the rules, the Chair
may have recourse to the ruling of Chairs of previous Democratic
Conventions, to the precedents of the United States House of
Representatives and to general parliamentary law.
I. Appeals:
1. The Chair shall decide all questions of order subject to an appeal
by any delegate which may be debated for not more than ten (10)
minutes, the time to be equally divided between the delegate appealing
the ruling and a delegate in favor of sustaining the ruling of the
Chair; provided that an appeal shall not be in order while another
appeal is pending or from decisions on recognition or from decisions on
dilatoriness of motions or during a roll call vote or on a question on
which an appeal has just been decided or, when in the opinion of the
Chair, such appeal is clearly dilatory.
2. Before the question is put on any appeal, the Chair shall be
entitled to state briefly the reasons for the ruling being appealed.
J. Motion to Suspend the Rules: The Chair shall entertain a motion to
suspend the rules, which shall be decided without debate and which
shall require a vote of two thirds (\2/3\) of the delegates voting, a
quorum being present.
K. Motion:
1. No question of privilege or any motion other than those provided
under these rules shall be entertained, except the motion to recess (to
a time certain or at the call of the Chair), which shall be privileged,
and the motion to adjourn which shall be the highest privilege.
2. Motions to adjourn or to recess shall be in order at any time except
when the question has been put or a vote is in progress and shall be
decided without debate. The Chair shall not entertain a motion to
adjourn or recess when such motion closely follows another such motion
if in the opinion of the Chair such motion is dilatory.
L. Amendments: No amendments to resolutions or motions before the
Convention shall be permitted, except amendments to standing committee
reports, or resolutions offered at the direction of the standing
committee or in a minority report of that standing committee; provided
that no motion of proposition on a subject different from that under
consideration shall be admitted in the form of such an amendment.
M. Minority Reports: Minority reports of committees shall not be
considered unless adopted in writing by members representing at least
twenty percent (20%) of the total votes of a committee. A minority
report may be withdrawn at any time prior to or during the Convention.
A minority report shall be deemed to be withdrawn when support for the
report falls below the number of members representing twenty percent
(20%) of the total votes of the standing committee as evidenced by the
written withdrawal of support by proponents of the report. A committee
member may withdraw his or her support for a minority report by written
notice to the Secretary of the Democratic National Committee.
N. Responsibility: By participating in the Democratic National
Convention, each delegate assumes the responsibility for doing all
within his or her power to assure that voters of his or her state will
have the opportunity to cast their election ballots for the
Presidential and Vice Presidential nominees selected by the Convention
or, should a vacancy arise, pursuant to Article VIII.G. of these rules,
and expressly agrees that he or she will not publicly support or
campaign for any candidate for President or Vice President other than
the nominees of the Democratic National Convention, or, should a
vacancy arise, the nominee(s) selected pursuant to Article VIII.G.
O. Debate: Unless otherwise provided in these rules or in a resolution
providing for a special order of business, debate on any question shall
be limited to a total of twenty (20) minutes and shall be equally
divided between proponents and opponents unless they and the Chair
agree upon an additional or lesser amount of time.
P. Quorum: A majority of the delegates to the Convention shall
constitute a quorum thereof for the purpose of transacting business.
Upon a point of order of no quorum being made, the Chair shall
ascertain the presence or absence of a quorum by visual estimation and
shall not proceed until a quorum is present; provided that a motion to
adjourn may be offered and voted upon without a quorum present.
Q. References to the ``Chair'': All references to the authority and
responsibilities of the ``Chair'' shall pertain to the Temporary Chair,
the Permanent Chair, the Co-Chairs and any other person assuming the
duties of the chair as appropriate during the Convention.
R. Equal Division: The Charter of the Democratic Party of the United
States provides that the National Convention shall be composed of
delegates and alternates equally divided between men and women. This
Call, in compliance with the Charter, and pursuant to Rule 6.C. of the
2000 Delegate Selection Rules, mandates that delegates and alternates
from each state and jurisdiction shall be equally divided between men
and women with a variance of no more than one (1).
S. Non-Discrimination: Discrimination on the basis of race, sex, age,
color, creed, national origin, religion, ethnic identify, sexual
orientation, economic status or physical disability in the conduct of
Democratic Party affairs is prohibited.
T. Territories: The term ``territories'' shall refer to American Samoa,
Democrats Abroad, Guam and the Virgin Islands in this Call.
U. Journal of Proceedings:
1. A record of all actions taken each day by the Convention shall be
printed and made available to all delegates and alternates the
following day by the Convention Secretary.
2. The Secretary of the Democratic National Committee will provide a
journal of the full proceedings of the Convention, which shall be
printed within the year following the Convention.
Appendix A
Relationship Between the 2000 Rules of Procedure of the Credentials
Committee and the 2000 Delegate Selection Rules
Under Rule 19.B. of the 2000 Delegate Selection Rules, the Rules and
Bylaws Committee has jurisdiction over challenges pertaining to the
submission, non-implementation and violation of state Delegate
Selection and Affirmative Action Plans. The following ``Rules of
Procedure of the Credentials Committee of the 2000 Democratic National
Convention'' describes the procedure for considering challenges once
the Credentials Committee assumes responsibility for the challenge
process as otherwise described in Rule 19.B.
All delegates and alternates to the 2000 Democratic National Convention
shall be selected in accordance with the 2000 Delegate Selection Rules
and the 2000 Call. Only delegates and alternates selected under a
delegate selection system approved by the DNC Rules and Bylaws
Committee pursuant to the 2000 Delegate Selection Rules shall be placed
on the Temporary Roll of the 2000 Democratic National Convention.
All challenges to the credentials of delegates and alternates to the
2000 Democratic National Convention shall be processed in accordance
with the ``Rules of Procedure of the Credentials Committee of the 2000
Democratic National Convention.''
Rules of Procedure of the Credentials Committee of the 2000 Democratic
National Convention
1. Jurisdiction of the Credentials Committee
The Credentials Committee shall have jurisdiction to hear and decide:
A. Any challenge brought before the DNC Rules and Bylaws Committee and
not resolved before June 19, 2000, the 56th calendar day preceding the
date of commencement of the Democratic National Convention; and,
B. Any challenge alleging:
(1) Failure to implement a final order of the DNC Rules and Bylaws
Committee; or
(2) Failure to implement a plan approved by the DNC Rules and Bylaws
Committee, if such challenge is initiated on or after the 56th day
preceding the date of commencement of the Democratic National
Convention, except with regard to Rule 18.E. of the Delegate Selection
Rules.
2. Parties
A. Challenging Parties: A challenge to the credentials of any delegate
or alternate to the 2000 Democratic National Convention shall be
brought by at least fifteen (15) Democrats who are residents of the
state and level at which delegates to the National Convention are
elected in which the challenge arises, and who fulfill (1), or if there
is no Democratic Party enrollment or registration in the state, then
either (2) or (3) below:
(1) Registration or enrollment as Democrats in those states which
employ such procedures. Persons not registered to vote or persons
registered as unaffiliated voters or enrolled as members of other
parties or as independents shall not have standing to bring a
challenge.
(2) Participation in Democratic Party affairs. Persons who have
participated in the affairs of another political party during the
preceding 12-month period shall not have standing to bring a challenge.
Participation in a party's affairs shall include, but not be limited
to, voting in the immediately preceding primary of that political
party.
(3) Any person who lacks standing under paragraphs (1) and (2) and who
demonstrates that he or she attempted to participate in the affairs of
the Democratic Party in good faith shall have standing to challenge.
(4) Each challenge shall include a statement indicating that each
challenger subscribes to the substance, intent and principles of the
Charter and Bylaws of the Democratic Party of the United States. Each
challenger must have been personally injured with respect to his or her
participation in the delegate selection process by any violation
complained of or shall be so situated that he or she clearly will be
personally injured by such violation.
B. Challenged Parties:
(1) Where delegates or alternates to the Convention have been selected
from the level at which delegates to the National Convention are
elected in which the challenge arises, the challenged party or parties
shall be a delegate or alternate or a group of delegates or alternates
or the entire delegation from that level.
(2) Where delegates or alternates to the Convention have not yet been
selected from the level at which delegates to the National Convention
are elected in which the challenge arises, the challenged party shall
be the Democratic Party organization responsible for that level;
provided that where any state law or state party rule, regulation,
decision or other state party action or omission is challenged, the
State Democratic Party shall also be named as a challenged party. If
during the pendency of the challenge, any delegate(s) or alternate(s)
of the Convention are selected from the level involved, such
delegate(s) of alternate(s) shall be joined as challenged parties if
any relief with respect to their credentials at the Convention is
sought.
(3) The State Democratic Party shall be joined as a challenged party if
a challenged party so requests.
C. Intervening Parties:
(1) A State Democratic Party may intervene as of right in any challenge
proceeding for the purpose of protecting any interest it may have with
respect to that proceeding.
(2) A presidential candidate may intervene as of right in any challenge
proceeding for the purpose of protecting any interest he or she may
have with respect to that proceeding.
(3) For good cause shown, any other person having standing under
Section 2:A. may be permitted to be heard as an amicus curiae or, in
appropriate circumstances, to intervene, for all or limited purposes,
by leave of the Chair of the Credentials Committee or the Hearing
Officer.
3. Filing, Service of Documents and Computation of Time
A. Filing: Any challenge, answer and accompanying documents to be
considered in the processing of any challenge shall be filed by hand
delivery (receipt to be retained), certified mail (return receipt
requested), or by an overnight delivery service (signature required)
to: Chair, 2000 Convention Credentials Committee, c /o Democratic
National Committee, 430 South Capitol Street, S.E., Washington, DC
20003 with a copy to the Chair of the Democratic Party of the state in
which the challenge arises. The original and a copy of each document
shall be filed. Filing shall be deemed complete upon receipt, or in the
case of hand delivery, upon delivery.
B. Service: Any document filed in any proceeding pursuant to these
rules shall be served at the same time by the filing party upon all
other parties to the proceeding, with a copy to the Chair of the
Democratic Party of the state in which the challenge arises. Service
shall be made by hand delivery (receipt to be obtained), certified mail
(return receipt requested), or an overnight delivery service (signature
required) to each party or his or her attorney, if any. Any document
filed pursuant to these rules shall be accompanied by a certificate of
service signed by the filing party or by his or her attorney, if any.
Service shall be deemed complete, in the case of hand-delivery, on the
date of receipt by the served party or, in the case of service by
certified mail or an overnight delivery service, on the first business
day on which delivery is attempted.
C. Time:
(1) In computing any period of time prescribed by these rules, the day
of the act or event from which the designated period of time begins to
run shall not be included. Weekends and holidays shall be included.
(2) The Chair of the Credentials Committee shall have authority for
good cause, on application of sua sponte, to enlarge or shorten any
period of time prescribed by these rules. An extension of time shall be
granted only when compelling need is shown.
4. Challenges
A. A credentials challenge shall be commenced by the filing of a
written challenge not later than:
(1) Fifteen (15) calendar days after the violation occurred, or
(2) Fifteen (15) calendar days after the selection of any delegate or
alternate whose credentials to the Democratic National Convention are
to be put in issue, whichever occurs first. The challenging parties
shall, within the period provided by the State Democratic Party in its
Delegate Selection Plan, invoke, and shall thereafter exhaust, the
remedies provided by State Democratic Party procedures for the
violations alleged.
B. The challenge shall be verified by the notarized signature of each
challenging party, and shall include the following:
(1) The name, address and telephone number of each challenging party
and allegations of fact fulfilling the requirements of Section 2:A.;
and the name, address and telephone number of each challenging party's
attorney or other representative authorized to receive documents on
behalf of the challenger.
(2) The name, address and telephone number of each delegate or
alternate whose credentials are challenged, or a statement that such
information is unavailable to the challenging parties; or, where
delegates or alternates have not yet been selected, the name, address
and telephone number of each challenged party.
(3) An identification of the state and level at which delegates to the
National Convention are elected in which the challenge arises.
(4) A plain, concise and specific statement of each violation of a
state delegate selection plan approved by the DNC Rules and Bylaws
Committee, or of a final order of the DNC Rules and Bylaws Committee;
or a statement that the state does not have an approved delegate
selection plan.
(5) A plain, concise and specific statement of how each challenging
party has been injured with respect to his or her participation in the
delegate selection process by each alleged violation.
(6) A plain, concise and specific statement of the remedies each
challenging party has invoked with respect to each alleged violation
before filing a credentials challenge with the Credentials Committee,
and a statement of the expected length of time for exhaustion of the
state party procedures.
(7) A plain, concise and specific statement of the relief requested and
the reason therefore. If a challenging party proposes that he or she be
seated in the state's delegation, the challenge shall include a plain,
concise and specific statement of the reasons why that party has a
right to be seated, superior to that of the delegate or alternate whose
seat he or she seeks; and a plain, concise and specific statement of
how the challenging party has complied with all applicable laws, rules
and regulations and has participated in the delegate selection process.
C. The challenge shall be accompanied by the following documents:
(1) A plain, concise and specific statement that contains, by
separately numbered paragraphs, each violation alleged and each form of
relief sought.
(2) A list of the name, address and telephone number of each witness
who is likely to be called to testify in support of the challenge.
(3) A list of the documents likely to be offered in support of the
challenge, together with copies of those documents.
5. Answer
A. Within ten (10) calendar days after service of a challenge, each
challenged party shall file a written answer, verified by the notarized
signature of each challenged party, including the following:
(1) The name, address and telephone number of each challenged party and
the name, address and telephone number of his or her attorney or other
representative authorized to receive documents on behalf of the
challenged party.
(2) A statement as to whether the standing under Section 2:A. of the
challenging parties is in dispute.
(3) A response to the challenge, separately admitting or denying each
statement therein, or stating that the challenged party is without
sufficient information to admit or deny. A response to a statement
shall fairly meet its substance, admitting those parts that are true
and denying those parts that are false.
(4) A plain, concise and specific statement of each and every
affirmative defense to the alleged violations.
(5) A plain, concise and specific statement of any other reasons why
the challenged party should prevail.
B. The answer shall be accompanied by the following documents:
(1) A plain, concise and specific statement that contains, by reference
to each numbered paragraph of the challenging statement required by
Section 4:C.(1), a response to each alleged violation or request for
relief. A response to a proposition shall fairly meet its substance,
admitting those parts that are true and denying those parts that are
false. Wherever a proposition is denied in whole or in part, the
proposition supported by the challenged party on that point shall be
stated.
(2) A list of the name, address and telephone number of each witness
who is likely to be called in opposition to the challenge.
(3) A list of documents likely to be offered in opposition to the
challenge, together with copies of those documents.
C. Challenged parties may consolidate their answers.
6. Dismissal and Decision on the Pleadings
A. Dismissal:
(1) The Chair of the Credentials Committee shall dismiss any challenge,
or part of a challenge, which does not fall within the jurisdiction of
the Credentials Committee.
(2) If a state party has adopted and implemented an approved
affirmative action program, the Chair shall dismiss any challenge, or
part of the challenge, which is based solely on composition of the
Convention delegation, except in the case of a challenge based upon the
failure to achieve equal division.
(3) The Chair shall have authority to dismiss any challenge which is
brought by persons lacking standing under Section 2:A., or which
otherwise fails to comply substantially with the rules, or which is
otherwise manifestly insufficient.
(4) Any dismissal shall be accompanied by a written opinion by the
Chair.
B. Decision on the Pleadings. The Chair of the Credentials Committee
shall have authority to make a decision on the pleadings where it is
plain from the challenge and the answer, together with the documents
accompanying those pleadings, that there is no genuine issue of
material fact between the parties. Any decision on the pleadings shall
be accompanied by a written opinion by the Chair.
C. Review of Dismissal or Decision on the Pleadings: Within five (5)
calendar days after service of a notice of the entry of a dismissal
under Section 6:A. or under Section 6:B., an aggrieved party may file a
Petition for Review by the Credentials Committee stating the objections
to the Chair's action, and may file a brief. Within five (5) calendar
days after service of the petition, any other party may file a brief.
Consideration of the challenge by the Credentials Committee shall
proceed as in other cases, except that the challenge shall be given
precedence on the committee's docket.
7. Decision of the State Party Body
A. The Chair of the Credentials Committee may defer, for such period as
is appropriate, proceedings on a challenge in order to give time for
the consideration of any challenge or other related matter under State
Democratic Party procedures. The deferral period shall not be so long
as to interfere with the processing and consideration of the challenge
by the Credentials Committee if that should prove necessary.
B. The State Democratic Party body may take such action with respect to
the challenge or other related matter as it is authorized to take under
state law and state party rules.
C. After a decision by a state party body on a challenge or other
related matter, any party to the challenge pending before the
Credentials Committee may request the Committee to process the
challenge and the Committee shall do so. The party making the request
shall file any written decision or order made with respect to the
challenge by the state party body. The decision of the state party body
shall be given such weight as the Credentials Committee finds warranted
in the circumstances.
D. Records of proceedings conducted by the state party body with
respect to the challenge or other related matter, and other papers
relating to the state party proceedings, shall be admissible in
Credentials Committee proceedings on the challenge.
8. Hearing
A. With respect to any challenge or part of a challenge not dismissed
or decided on the pleadings under Section 6:, an open and public
hearing shall be held on the specific factual and legal matters in
dispute. An electronic or stenographic recording or clerical notes
shall be made of the proceedings at any such hearing.
B. The hearing shall be held in Washington, D.C. unless the Chair of
the Credentials Committee determines that in the interest of justice it
should be held elsewhere.
C. The hearing shall be conducted by a Hearing Officer appointed by the
Chair of the Credentials Committee. The Hearing Officer shall be a
Democrat, neutral in the context of the challenge, experienced in the
law, known by reputation to be fair and shall not be involved in or
identified with any presidential campaign or any group promoting or
opposing credentials challenges. The Chair shall make a reasonable
effort to secure the agreement of the parties to the Hearing Officer.
D. The Hearing Officer shall have all power necessary to conduct the
hearing in such manner, consistent with these rules, as to secure the
just, speedy and inexpensive determination of the challenge, including
the right to require the parties to participate in a pre-hearing
conference.
E. Prior to the commencement of the hearing, the Hearing Officer shall
announce a ruling identifying, on the basis of the papers filed in the
challenge and pre-hearing conference, the specific issues in dispute.
The Hearing Officer shall have power to rule that on certain issues
only documentary evidence shall be received. Any party objecting to a
ruling under this paragraph may make a proffer of the evidence that
would have been presented but for the ruling.
F. The Hearing Officer shall hear the evidence, dispose of procedural
requests and similar matters and, to the extent possible, obtain
stipulations of the parties as to the facts of the challenge.
G. A challenging party shall have the burden of proof by clear and
convincing evidence on all factual issues necessary to the challenge,
except that the burden of proof shall rest with the challenged party in
the case of:
(1) any resolved challenges to a state's affirmative action program
filed thirty (30) days or more prior to the initiation of the state's
delegate selection process other than a challenge made on the basis of
non-implementation of a specific requirement of a state plan; and
(2) any challenge for failure to submit and implement an approved
affirmative action program by the deadline specified in the Delegate
Selection Rules.
H. The Hearing Officer shall have authority to receive all competent
evidence relevant to the specific matters in issue and to assign to it
appropriate weight.
I. The Hearing Officer shall have authority to order for good cause, on
application or sua sponte, that a party produce at the hearing
designated evidence in the interest of justice. Where a party fails to
produce such evidence, the Hearing Officer may make findings of fact
adverse to the party on all issues to which the evidence would have
been material.
J. Subject to any ruling under Section 8:E., each party shall have the
right to present competent oral and documentary evidence relevant to
the specific matters in issue and to conduct cross-examination.
K. The Hearing Officer may require parties to consolidate their
challenge or defense for purposes of the hearing.
L. The Hearing Officer shall make and file a written report to the
Credentials Committee, which shall include findings of fact,
conclusions of law and a recommendation for disposition of the
challenge. The reports shall be served on all parties to the challenge.
M. Any transcript or other papers in the record from any proceedings
before the DNC Rules and Bylaws Committee shall be part of the record.
9. Consideration by the Credentials Committee
A. The Credentials Committee shall begin meeting at the call of the
Chair in Washington, D.C., in Los Angles, California, or elsewhere at
the call of the Chair to hear challenges.
B. All meetings of the Credentials Committee shall be open to the
public; provided that the Chair of the Committee shall exclude from the
specific area where the committee is conducting its business all
persons whose presence in that area is not required for the proper
conduct of the business.
C. Request for hearing by Full Committee: Within two (2) days after
service of the Hearing Officer's report, an aggrieved party may file a
written Petition for Review by the Credentials Committee. The petition
shall contain a plain, concise and specific statement of the reasons
for appeal and the procedural and/or substantive errors claimed by the
petitioner.
D. Briefs:
(1) Within three (3) calendar days after filing the Petition for
Review, the petitioner for review may file a brief.
(2) Within three (3) calendar days after service of the petitioner's
brief, a respondent may file a brief.
(3) Any party filing a brief shall file as many copies as there are
members of the committee, plus ten (10) copies for the Chair and staff
of the committee.
E. Argument:
(1) Each side of a challenge shall be entitled to present oral argument
before the committee for a period determined by the Chair of the
committee, generally not to exceed fifteen (15) minutes.
(2) The Chair of the committee may require parties to consolidate or
separate their challenges or defense for purposes of oral argument.
(3) The Chair of the committee shall notify the parties of the time and
place of oral argument.
F. Resolution:
(1) All proposed resolutions relating to the disposition of a
credentials challenge shall be in writing and signed by the proponent
and at least one (1) second. Proposed resolutions relating to the
seating or unseating of delegates or alternates shall be seconded in
writing by at least seven (7) members, no more than two (2) of whom may
be members elected by the delegation from the same state as the
proponent of the resolution.
(2) All proposed resolutions relating to the disposition of a
credentials challenge shall be framed so as to be dispositive of the
entire challenge and, to that end, shall be specific in stating the
action recommended to be taken by the Convention.
(3) Following the submission of all proposed resolutions to the Chair,
the resolution having the largest number of signed seconds shall become
the pending order of business. Twenty (20) minutes of debate shall be
allotted to each proposed resolution, equally divided between the
proponents and the opponents. At the conclusion of the debate, the
resolution shall be put to a vote. In the event the resolution is not
adopted, the proposed resolution having the next largest number of
signed seconds shall become the pending order of business, and so on
until the challenge is disposed.
(4) No amendment to any proposed resolution shall be permitted, except
with the consent of the proponent, and no resolution or propositions on
a subject different from that under consideration shall be admitted in
the form of such an amendment.
G. Presidential Preference of Delegation: Except where the issue is the
expressed presidential preference of the level at which delegates to
the National Convention are elected represented by the challenged
delegates, any remedy for a violation shall fairly reflect the
expressed presidential preference of that level.
H. Voting: A member of the Credentials Committee elected by a state
delegation shall not vote on a challenge arising in that state. All
matters shall be determined by a majority vote of those present and
voting, a quorum of the full Committee being present. A quorum shall
consist of members present in person representing a majority of the
total number of committee votes entitled to be counted on the matter.
I. Proxies: Proxy voting shall be prohibited.
10. Committee Report
The Report of the Credentials Committee shall be distributed to all
delegates, alternates and the public as soon as practicable after its
adoption.
11. Minority Reports
Upon the request of members representing at least twenty percent (20%)
of the total votes of the Credentials Committee, a minority report
shall be prepared for distribution to all Convention delegates,
alternates and the public part of the Committee's report. This minority
report shall be distributed at the same time the Credentials Committee
Report is distributed. No member elected to the committee by a state
delegation may join in such request as to a proposed minority report
relating to a credentials challenge to any delegate from his or her
state. The committee staff assist in the preparation of such report.
12. Record
A. The official record of any proceeding under these rules shall be
maintained in the office at the Democratic National Committee in
Washington, D.C. and shall be open and available for public inspection
and duplication at reasonable times.
B. All meetings of the full Credentials Committee shall be transcribed.
13. Interpretation and Waiver of Rules and Provision for Special Rules
A. These rules shall be interpreted and applied in the interests of
justice and fairness to all parties, speed and economy. To serve these
interests, and for good cause, on application or su a sponte, the Chair
of the committee shall have the authority to waive any provision of
these rules other than Sections 4:B. and 5:.
B. In the case of any challenge filed on or after June 19, 2000, the
56th calendar day before the convention begins, the Chair may shorten
the time periods specified in these rules for processing the challenge,
including the time to file documents and conduct hearings, as the
interests of justice and the orderly disposition of challenges dictate;
provided, however, that in any event:
(1) The challenge and accompanying papers shall be filed not later than
three (3) days after the occurrence of the violation alleged.
(2) The answer and accompanying papers shall be filed not later than
three (3) days after service of the challenge.
Appendix B
Method for allocating delegates & alternates for the 2000 Democratic
National Convention
The Democratic National Committee's method of allocating delegates and
alternates to the states and territories is set forth in the Call for
the 2000 Democratic National Convention. A brief overview of that
system follows:
Pledged Delegates and Alternates
Approximately 82% of the delegates to the 2000 Democratic Convention
are known as ``pledged delegates'' because they have pledged to support
a specific presidential candidate. Within each state, these delegates
are proportionately allocated among the presidential candidates based
on the results of the state's Democratic presidential primary or
caucus.
Allocation Base
A base of 3,000 pledged delegates is apportioned among the states and
the District of Columbia. The delegates are proportionately distributed
on the basis of Democratic voting strength and population. Democratic
voting strength is determined by comparing a state's vote for the
Democratic party's Presidential Nominee in the last three elections
against the nationwide totals for those elections. A state's share of
the population is based on its number of electoral votes (using the
1990 Census). These results are added together and multiplied by .5 to
calculate an ``Allocation Factor'' for each state.
The specific formula the Democratic National Committee uses for
allocating delegates is express as follows:
1 SDV 1988 + SDV 1992 + SDV 1996 SEV
- <3-ln ( ------------------------------- + ---- <3-ln = AF
> )
2 TDV 1988 + TDV 1992 + TDV 1996 538
A = Allocation Factor.
SDV = State's Democratic Vote (for 1988, 1992, and 1996).
TDV = Total Democratic Vote (for 1988, 1992, and 1996).
SEV = State Electoral Vote.
For example:
1 349,237 + 505,823 + 475,171 6
- <3-ln -------------------------------- + ---- <3-ln = 0.010535
( )
2 41,809,074 + 44,909,326 + 47,402,357 538
To ascertain each state's initial share of the 3,000 base number of
pledged delegates, its Allocation Factor is multiplied by 3,000.
(Fractions of .5 and above are rounded up to the next highest integer.)
This number is used to calculate each state's allocation of District-
level and At-Large delegates as described below. As the allocations are
determined, the base may need to be adjusted to account for any
rounding that may have occurred.
For example:
Base Delegates = 3,000 x Allocation Factor = 3,000 x 0.010535 =
31.606 = 32
District-Level and At-Large Delegates
Once the initial base allocation is calculated, the result is divided
into two smaller categories. Most of a state's base delegates (75%) are
allocated to be elected within a Congressional District or some smaller
unit; these are known as ``District-Level Delegates.'' The balance
(25%) is allocated to be chosen on a state-wide basis; these are called
``At-Large Delegates.'' (Fractions of .5 and above are rounded up to
the next highest integer.)
For example:
District-Level Delegates = 75% x 32 = 24
At-Large Delegates = 25% x 32 = 8
Party Leader and Elected Official Delegates
In addition to the base delegates (District-Level + At-Large), each
state receives an additional 15% to provide delegate positions for
Party Leaders and Elected Officials. (Fractions of .5 and above are
rounded upon to the next highest integer.) Persons eligible for these
positions include big city mayors, state wide elected officials, state
legislative leaders and state legislators, and other state, county and
local elected officials and Party leaders.
For example:
Party Leader and Elected Official Delegates = 15% x 32 = 5
Other U.S. Jurisdictions
Because the Commonwealth of Puerto Rico and the territories do not vote
in presidential elections, they do not have electoral votes and cannot
be allocated delegates based on the formula outlined above. Instead,
the Democratic Party has predetermined the allocation base for these
jurisdictions as follows: Puerto Rico receives base of 44 delegates;
American Samoa, Guam and the Virgin Islands each receive three At-Large
delegate votes (cast by six delegates); and Democrats Abroad receives
six At-Large and one Party and Elected Official delegate votes (cast by
14 delegates).
Alternates
In addition to delegates, each state also receives an allocation of
alternates. An alternate serves in the place of a delegate, if a
delegate cannot attend the convention, or is absent during part of the
convention. Just like pledged delegates, alternates are pledged to
presidential candidates and elected based on the result of the state's
primary or caucus.
Each state, the District of Columbia and Puerto Rico is allotted one
alternate for every six pledged delegate votes--with a minimum of four
alternates for each delegation. Each territory gets one alternate, and
Democrats Abroad gets two.
For example:
Alternates = One alternate for every six pledged delegate votes = 37
6 = 6.17 = 6
Unpledged Delegates
As opposed to the pledged delegates, about 18% of the delegates at the
convention are ``unpledged'' (the press often refers to these delegates
as the ``Super Delegates'') and serve as delegates because of some
prominent office they hold or have held. While unpledged delegates
probably do have a presidential preference, this is not a factor in
why they are delegates. Rather, they serve as delegates because the
Democratic Party wants the important perspective they bring to the
decision-making process at the National Convention. The following
categories describe the individuals who are recognized as unpledged
delegates:
DNC Members
Each of the approximately 450 elected members of the Democratic
National Committee serve as unpledged delegates from their respective
state or territory. (Members from the territories have \1/4\ vote
each.)
Democratic Governors and Members of Congress.
Every Democratic Governor is recognized as an unpledged delegate. As
well, each Democratic member of the U.S. Senate and of the U.S. House
of Representatives is also recognized as an unpledged delegate. (For
purposes of delegate allocation, the Party counts the District of
Columbia's Mayor as a Governor, and its ``Statehood Senators'' as U.S.
Senators.)
Distinguished Party Leaders.
Several state delegations include individuals who serve as unpledged
delegates because of an office they hold--President Clinton and Vice
President Gore--or an office they once held. Specifically, this
category includes former Democratic President and Vice President,
former Democratic Leaders of the United States, former Democratic
Speakers or Democratic Minority Leaders of the United States House of
Representatives, and former National and General Chairs of the
Democratic National Committee.
Add-on Unpledged Delegates.
Each state also has an opportunity to include one or a small number of
``Add-on'' unpledged delegates within its delegation. These positions
are intended to be filled by prominent individuals whom the state's
Democrats want to include as part of the delegation to the National
Convention. Again, as unpledged delegates, these individuals serve
because of their stature, rather than their presidential preference.
States receive one Add-on unpledged delegate position for every four
Democratic National Committee members it elects.
Allocation
Except for the Add-on delegates as described above, the unpledged
delegates are allocated to states and territories based on where an
individual is registered to vote. Therefore, since these individuals
might change, move, die or resign, state allocations of unpledged
delegates are subject to change.
No Alternates
The are no unpledged alternates. Since unpledged delegates serve by
virtue of holding of a specific office or status, they cannot be
replaced. If one of these delegates is absent during the convention,
his or her vote cannot be cast by someone else.
For more information, see also, the Democratic National Committee's
2000 Democratic National Convention Delegate/Alternate Allocation. This
chart shows the current number of delegates and alternates each state
will send to the 2000 Convention (subject to change as noted above).
Appendix C
2000 Democratic National Convention Allocation of Convention Pages to
States
Approved by the Democratic National Committee at its meeting September
26, 1998
State/Territory Pages
-----------------------------------------------------------------------
Alabama 2
-----------------------------------------------------------------------
Alaska 2
-----------------------------------------------------------------------
Arizona 2
-----------------------------------------------------------------------
Arkansas 2
-----------------------------------------------------------------------
California 11
-----------------------------------------------------------------------
Colorado 2
-----------------------------------------------------------------------
Connecticut 2
-----------------------------------------------------------------------
Delaware 2
-----------------------------------------------------------------------
District of 2
Columbia
-----------------------------------------------------------------------
Florida 5
-----------------------------------------------------------------------
Georgia 3
-----------------------------------------------------------------------
Hawaii 2
-----------------------------------------------------------------------
Idaho 2
-----------------------------------------------------------------------
Illinois 5
-----------------------------------------------------------------------
Indiana 2
-----------------------------------------------------------------------
Iowa 3
-----------------------------------------------------------------------
Kansas 2
-----------------------------------------------------------------------
Kentucky 2
-----------------------------------------------------------------------
Louisiana 2
-----------------------------------------------------------------------
Maine 2
-----------------------------------------------------------------------
Maryland 3
-----------------------------------------------------------------------
Massachusetts 3
-----------------------------------------------------------------------
Michigan 4
-----------------------------------------------------------------------
Minnesota 3
-----------------------------------------------------------------------
Mississippi 2
-----------------------------------------------------------------------
Missouri 3
-----------------------------------------------------------------------
Montana 2
-----------------------------------------------------------------------
Nebraska 2
-----------------------------------------------------------------------
Nevada 2
-----------------------------------------------------------------------
New Hampshire 2
-----------------------------------------------------------------------
New Jersey 3
-----------------------------------------------------------------------
New Mexico 2
-----------------------------------------------------------------------
New York 7
-----------------------------------------------------------------------
North Carolina 3
-----------------------------------------------------------------------
State/Territory Pages
-----------------------------------------------------------------------
North Dakota 2
-----------------------------------------------------------------------
Ohio 4
-----------------------------------------------------------------------
Oklahoma 2
-----------------------------------------------------------------------
Oregon 2
-----------------------------------------------------------------------
Pennsylvania 5
-----------------------------------------------------------------------
Puerto Rico 2
-----------------------------------------------------------------------
Rhode Island 2
-----------------------------------------------------------------------
South Carolina 2
-----------------------------------------------------------------------
South Dakota 2
-----------------------------------------------------------------------
Tennessee 2
-----------------------------------------------------------------------
Texas 6
-----------------------------------------------------------------------
Utah 2
-----------------------------------------------------------------------
Vermont 2
-----------------------------------------------------------------------
Virginia 3
-----------------------------------------------------------------------
Washington 3
-----------------------------------------------------------------------
West Virginia 2
-----------------------------------------------------------------------
Wisconsin 3
-----------------------------------------------------------------------
Wyoming 2
-----------------------------------------------------------------------
American Samoa 1
-----------------------------------------------------------------------
Democrats 1
Abroad
-----------------------------------------------------------------------
Guam 1
-----------------------------------------------------------------------
Virgin Islands 1
-----------------------------------------------------------------------
Total 150
-----------------------------------------------------------------------
Appendix D
2000 Democratic National Convention Allocation of Standing Committee
Members (per committee)
Approved by the Democratic National Committee at its meeting September
26, 1998
State/Territory Members Votes
-----------------------------------------------------------------------
Alabama 2 2
-----------------------------------------------------------------------
Alaska 1 1
-----------------------------------------------------------------------
Arizona 2 2
-----------------------------------------------------------------------
Arkansas 1 1
-----------------------------------------------------------------------
California 17 17
-----------------------------------------------------------------------
Colorado 2 2
-----------------------------------------------------------------------
Connecticut 2 2
-----------------------------------------------------------------------
Delaware 1 1
-----------------------------------------------------------------------
District of 1 1
Columbia
-----------------------------------------------------------------------
Florida 7 7
-----------------------------------------------------------------------
Georgia 3 3
-----------------------------------------------------------------------
Hawaii 1 1
-----------------------------------------------------------------------
Idaho 1 1
-----------------------------------------------------------------------
Illinois 7 7
-----------------------------------------------------------------------
Indiana 3 3
-----------------------------------------------------------------------
Iowa 2 2
-----------------------------------------------------------------------
Kansas 1 1
-----------------------------------------------------------------------
Kentucky 2 2
-----------------------------------------------------------------------
Louisiana 3 3
-----------------------------------------------------------------------
Maine 1 1
-----------------------------------------------------------------------
Maryland 3 3
-----------------------------------------------------------------------
Massachusetts 4 4
-----------------------------------------------------------------------
Michigan 6 6
-----------------------------------------------------------------------
Minnesota 3 3
-----------------------------------------------------------------------
Mississippi 2 2
-----------------------------------------------------------------------
Missouri 3 3
-----------------------------------------------------------------------
Montana 1 1
-----------------------------------------------------------------------
Nebraska 1 1
-----------------------------------------------------------------------
Nevada 1 1
-----------------------------------------------------------------------
New Hampshire 1 1
-----------------------------------------------------------------------
New Jersey 5 5
-----------------------------------------------------------------------
New Mexico 1 1
-----------------------------------------------------------------------
New York 11 1
-----------------------------------------------------------------------
North Carolina 4 4
-----------------------------------------------------------------------
North Dakota 1 1
-----------------------------------------------------------------------
State/Territory Members Votes
-----------------------------------------------------------------------
Ohio 7 7
-----------------------------------------------------------------------
Oklahoma 2 2
-----------------------------------------------------------------------
Oregon 2 2
-----------------------------------------------------------------------
Pennsylvania 7 7
-----------------------------------------------------------------------
Puerto Rico 2 2
-----------------------------------------------------------------------
Rhode Island 1 1
-----------------------------------------------------------------------
South Carolina 2 2
-----------------------------------------------------------------------
South Dakota 1 1
-----------------------------------------------------------------------
Tennessee 3 3
-----------------------------------------------------------------------
Texas 9 9
-----------------------------------------------------------------------
Utah 1 1
-----------------------------------------------------------------------
Vermont 1 1
-----------------------------------------------------------------------
Virginia 4 4
-----------------------------------------------------------------------
Washington 3 3
-----------------------------------------------------------------------
West Virginia 1 1
-----------------------------------------------------------------------
Wisconsin 3 3
-----------------------------------------------------------------------
Wyoming 1 1
-----------------------------------------------------------------------
American Samoa 1 0.25
-----------------------------------------------------------------------
Democrats 1 0.25
Abroad
-----------------------------------------------------------------------
Guam 1 0.25
-----------------------------------------------------------------------
Virgin Islands 1 0.25
-----------------------------------------------------------------------
Party & Elected 25 25
Officials
-----------------------------------------------------------------------
Total 186 183
-----------------------------------------------------------------------
F. Rules of the Republican Party Relating to the Convening of the 2000
National Convention \1\
Rule 30. Call of Next Convention
The Republican National Committee shall issue the call for the next
national convention to nominate candidates for President of the United
States and Vice President of the United States prior to January 1 of
the year in which the national convention is to be held. The Republican
National Committee shall issue and promulgate the call in a manner
consistent with these rules. The call shall include the text of the
rules relating to the convening and the proceedings of the national
convention.
---------------------------------------------------------------------------
\1\ The Rules of the Republican Party, as adopted Aug. 12, 1996,
Republican National Committee, Washington, DC at pp. 15-29.
---------------------------------------------------------------------------
Rule 31. Membership in Convention
The membership of the next national convention shall consist of:
(a) Delegates.
(1) Six (6) delegates at large from each of the fifty (50) states.
(2) Three (3) district delegates for each Representative in the United
States House of representatives from each state.
(3) Four (4) delegates at large from American Samoa, fourteen (14)
delegates at large from the District of Columbia, four (4) delegates at
large from Guam, fourteen (14) delegates at large from Puerto Rico, and
four (4) delegates at large from the Virgin Islands; provided, however,
that if Puerto Rico shall become a state prior to the next national
convention, the number of delegates from Puerto Rico shall be
calculated in accordance with the same formula used for the other
states.
(4) From each state having cast its electoral votes or a majority
thereof, for the Republican nominee for President of the United States
in the last preceding election; four and one-half (4\1/2\) delegates at
large plus a number of the delegates at large equal to sixty percent
(60%) of the number of electoral votes of that state; provided,
however, that if Puerto Rico shall become a state prior to the next
national convention, it shall be presumed that it would have cast its
electoral votes, or a majority thereof, for the Republican nominee in
the last preceding election. (In the computation of the number of
delegates at large, any sum of the four and one-half (4\1/2\) plus the
sixty percent (60%) representing a fraction shall be increased to the
next whole number.) In addition, one (1) delegate at large shall be
awarded to a state for any and each of the following public officials
elected by such state in the year of the last preceding presidential
election or at any subsequent election held prior to January 1 of the
year in which the next national convention is held:
(i) A Republican governor, provided that no such additional delegate at
large award to any state shall exceed one (1);
(ii) Membership in the Republican Party of at least one-half (\1/2\) of
the Representatives representing a state in the United States House of
Representatives; provided that no such additional delegate at large
award to any state shall exceed one (1);
(iii) Membership in the Republican Party of a majority of the members
of any chamber of a state legislature, if such chamber has been
organized, and is presided over (if the presiding officer is elected by
the chamber), by Republicans; or, if the membership in the Republican
Party of the members of any chamber of a state legislature increases by
twenty-five percent (25%) or more, so long as twenty-five percent (25%)
or more, so long as twenty-five percent (25%) equals at least two (2)
legislators; provided that no such additional delegate at large award
to any state shall exceed one (1).
(iv) Membership in the Republican party of a majority of all chambers
of a state legislature, if all such chambers are presided over (if the
presiding officer is elected by the chamber), by a Republican; provided
that no such additional delegate at large award to any state shall
exceed one (1).
(5) In addition, one (1) delegate at large shall be awarded to a state
for any and each Republican United States Senator elected by such state
in the six (6) year period prior to January 1 of the year in which the
next national convention is held; provided that no such additional
delegate at large award to any state shall exceed two (2).
(6) In addition to the delegates as calculated above and in paragraph
(9) below, any state party, including American Samoa, the District of
Columbia, Guam, Puerto Rico, and the Virgin Islands, notwithstanding
the definition of ``state'' or ``states'' as set forth in Rule No. 3,
which holds a presidential primary, caucus, convention, or meeting for
the purpose of voting for a presidential candidate and/or selecting
delegates to the national convention during the time periods indicated
below, shall be awarded additional delegates as follows:
(i) Any state party, including American Samoa, the District of
Columbia, Guam, Puerto Rico, and the Virgin Islands, which holds a
presidential primary, caucus, convention, or meeting for the purpose of
voting for a presidential candidate and/or selecting delegates to the
national convention on or between March 15 and April 14, inclusive, of
the year in which the national convention is held shall be awarded
additional delegates at large in an amount equal to five percent (5%)
of such state's above-calculated delegate allocation total.
(ii) Any state party, including American Samoa, the District of
Columbia, Guam, Puerto Rico, and the Virgin Islands, which holds a
presidential primary, caucus, convention, or meeting for the purpose of
voting for a presidential candidate and/or selecting delegates to the
national convention on or between April 15 and May 14, inclusive, of
the year in which the national convention is held shall be awarded
additional delegates at large in an amount equal to seven and one-half
percent (7.5%) of such state's above-calculated delegate allocation
total.
(iii) Any state party including American Samoa, the District of
Columbia, Guam, Puerto Rico, and the Virgin Islands, which holds a
presidential primary, caucus, convention, or meeting for the purpose of
voting for a presidential candidate and/or selecting delegates to the
national convention on or between May 15 and the third Tuesday of June,
inclusive, of the year in which the national convention is held shall
be awarded additional delegates at large in an amount equal to ten
percent (10%) of such state's above-calculated delegate allocation
total.
(iv) In the computation of the number of delegates pursuant to Rule
31(a)(6), any sum representing a fraction shall be rounded to the
nearest whole number.
(7) Within twenty (20) days following the deadline for filing the
materials specified in Rule No. 32(d)(1), the Republican National
Committee shall notify all state parties of the claims for additional
delegates made by each state party pursuant to the provisions of Rule
No. 31(a)(6).
(8) In addition, if the District of Columbia shall have cast its
electoral votes, or a majority thereof, for the Republican nominee for
President of the United States in the last preceding presidential
election: four and one-half (4\1/2\) delegates at large plus the number
of delegates at large equal to thirty percent (30%) of the fourteen
(14) delegates at large allotted to the District of Columbia. (In the
computation of the number of delegates at large, any sum of the four
and one-half (4\1/2\) plus the thirty percent (30%) representing a
fraction shall be increased to the next whole number.
(9) Any state which would receive fewer delegates under all provisions
of this rule than it received to the 1972 Republican National
Convention shall have its number of delegates increased to the same
number of delegates it received to the 1972 Republican National
Convention.
(b) Alternate Delegates.
One (1) alternate delegate for each delegate to the national
convention.
(c) Excessive Claims.
Except as provided in Rule No. 32(d)(3), any state party may contest
the number of delegates claimed by any other state party pursuant to
Rule No. 31(a)(6)(i), (ii), or (iii), by filing a notice of contest
with the secretary of the Republican National Committee.
(1) Such notice shall state the grounds of the contest and shall be
filed no later than twenty (20) days after the receipt by the
contesting state party of the notification sent to each state party by
the Republican National Committee pursuant to Rule No. 31(a)(7).
(2) Within five (5) days, the secretary of the Republican National
Committee shall notify the contested party that a notice of contest has
been filed.
(3) No later than thirty days (30) after the filing of the contest,
each party thereto shall file with the secretary of the Republican
National Committee at least three (3) printed or typewritten copies of
the statement of position in support of the party's claim regarding the
total number of delegates claimed under Rule No. 31(a)(6)(i), (ii), or
(iii), together with such affidavits or other evidence as desired. The
secretary of the Republican National Committee, upon receiving the
statement of position of a party, shall furnish the opposing party a
copy of said statement of position. Each statement of position shall
include a summary of not more than one thousand (1,000) words
succinctly setting forth a synopsis of the statement of position and a
specific statement of the points relied upon.
(4) On or before October 1 of the year before the year in which the
national convention is held, the Committee on Contests shall hear and
decide all contests presented to it. The issues decided by the
Committee on Contests shall be the sole issues for appeal to the
Executive Committee of the Republican National Committee.
(5) The parties shall have twenty (20) days following receipt of said
decision to file a written notice of appeal to the Executive Committee
of the Republican National Committee.
(6) On or before December 1 of the year before the year in which the
national convention is held the Executive Committee of the Republican
National Committee shall hear and decide all appeals presented.
(d) Any state party may set the date for any primary, caucus,
convention, or meeting for the purpose of voting for a presidential
candidate and/or selecting delegates to the national convention. To the
extent a state party's rules are in conflict with its state laws with
respect to this rule, the provisions of this rule and the state party's
rules shall control. To the extent the provisions of the rule are
inconsistent with the provisions of Rule No. 32, the provisions of this
rule shall be controlling for all purposes.
Rule 32. Election of Delegates and Alternate Delegates
(a) Order of precedence.
Delegates at large and their alternate delegates and delegates from
congressional districts and their alternative delegates to the national
convention shall be elected in the following manner:
(1) In accordance with any applicable laws of a state, insofar as the
same are not inconsistent with these rules; or
(2) To the extent not provided for in the applicable laws of a state,
in accordance with any applicable Republican Party rules of a state,
insofar as the same are not inconsistent with these rules; or
(3) By a combination of the methods set forth in paragraphs (a)(1) or
(a)(2) of this rule; or
(4) To the extent not provided by state law or party rules, as set
forth in paragraph (c) of this section.
(b) General.
In all elections of delegates or alternate delegates to the national
convention, the following rules shall apply:
(1) In any jurisdiction in which Republican representation upon the
board of judges or inspectors of elections for primary elections is
denied by law, delegates and alternate delegates shall be elected as
provided in paragraphs (a)(2) or (a)(4) of this section.
(2) In selecting delegates and alternate delegates to the national
convention, no state law shall be observed which hinders, abridges, or
denies to any citizen of the United States, eligible under the
Constitution of the United States to hold the office of President of
the United States or Vice President of the United States, the right or
privilege of being a candidate under such law for the nomination for
President of the United States or Vice President of the United States
or which authorizes the election of a number of delegates or alternate
delegates from any state to the national convention different from that
fixed in these rules.
(3) Alternate delegates shall be elected to the national convention for
each unit of representation equal in number to the number of delegates
elected therein and shall be chosen in the same manner and at the same
time as the delegates, and under the same rules; provided, however,
that if the law of any state shall prescribe another method of choosing
alternate delegates they may be chosen in accordance with the
provisions of the law of the state in which the election occurs.
(4) Delegates and alternate delegates at large to the national
convention when serving as delegates and alternate delegates shall be
residents of a duly qualified voters in their respective states. All
delegates and alternate delegates allocated as delegates and alternate
delegates at large shall be elected at large in the several states;
provided, however, that such allocation and method of election may be
varied in any state to the extent, and only to the extent, necessary to
avoid conflict with state law applicable to the selection of national
convention delegates if such varying allocation and method of election
were those pursuant to which delegates at large and alternate delegates
at large were elected to the 1988 Republican National Convention from
that state.
(5) Delegates and alternate delegates to the national convention
representing congressional districts shall be residents of and
qualified voters in said districts respectively when elected and when
serving as delegates and alternate delegates. There shall be three (3)
delegates and three (3) alternate delegates allocated to represent each
Congressional district of the several states, who shall be elected by
each such congressional district; provided, however, that such number
of delegates and alternate delegates allocated to represent, and
elected by, any congressional district of a state may be reduced or
increased to the extent, and only to the extent, necessary to avoid
conflict with state law applicable to the selection of national
convention delegates if such varying allocation was that pursuant to
which district delegates and alternate district delegates were elected
to the 1988 Republican National Convention from the state.
(6) No delegate or alternate delegate to the national convention shall
be required to pay an assessment or fee in excess of that provided by
the law of the state in which his or her election occurs as a condition
of serving as a delegate or alternate delegate to the national
convention.
(7) There shall be no automatic delegates to the national convention
who serve by virtue of party position or elective office.
(8) Delegates and alternate delegates to the national convention may be
elected only in one of the following manners:
(i) by primary election;
(ii) by the Republican state committee, where specifically provided by
state law;
(iii) by state and congressional district conventions;
(iv) by any method consistent with these rules by which delegates and
alternate delegates were selected to the 1984 Republican National
Convention in that state.
(9) No state law shall be observed which permits any person to
participate in a primary delegate and alternate delegate selection
process that also permits that person at the same primary to
participate in the choosing of nominees of any other party for other
elective office. Delegates and alternate delegates shall in that event
be elected by congressional district or state conventions pursuant to
paragraph (c) of this rule.
(10) No delegates or alternate delegates shall be selected pursuant to
any Republican Party rule of a state or state law which materially
changes the manner of selecting delegates or alternate delegates or the
date upon which such state party holds a presidential primary, caucus,
convention, or meeting for the purpose of voting for a presidential
candidate and/or selecting delegates to the national convention if such
changes were adopted or made effective after July 1 of the year before
the year in which the national convention is to be held. Where it is
not possible for a state party to certify the manner and the date upon
which it holds a presidential primary, caucus, convention, or meeting
for the purpose of voting for a presidential candidate and/or selecting
delegates to the national convention in effect in that state on the
date and in the manner provided in paragraph (d) of this rule, the
process for holding the presidential primary, caucus, convention, or
meeting for the purpose of voting for a presidential candidate and/or
selecting delegates to the national convention shall be conducted in
the same manner and held upon the same date as was used for the
immediately next preceding national convention. If it is not possible
to hold a presidential primary, caucus, convention, or meeting for the
purpose of voting for a presidential candidate and/or selecting
delegates to the national convention upon the same date as was used for
the immediately next preceding national convention, then delegates or
alternate delegates shall be selected by congressional district or
state conventions pursuant to paragraph (c) of this rule.
(11) Except with respect to delegates and alternate delegates elected
under paragraph (b)(8)(ii) of this rule and if consistent with
paragraph (c)(5) of this rule:
(i) no presidential primary, caucus, convention, or other meeting may
be held for the purpose of voting for a presidential candidate and/or
selecting delegates or alternate delegates to the national convention,
prior to the first Monday of February or after the third Tuesday of
June in the year in which the national convention is held; and,
(ii) the selection process of choosing those who will select delegates
or alternate delegates shall not begin before September 1 of the year
before the year in which the national convention is to be held.
(12) The Republican National Committee may grant a waiver to a state
party from certain provisions of this rule in the following instances:
(i) Notwithstanding the provisions of Rule No. 32(a), a state party may
select its delegates and alternate delegates by rules inconsistent with
Rule No. 32(a)(1), provided that those state party rules are not
otherwise inconsistent with the Rules of the Republican Party, and
provided that the Republican National Committee determines that the
state law being waived hereunder is adverse to the best interests of
the Republican Party in that state.
(ii) Where it is not possible for a state party to comply with the July
1 deadline delineated in paragraph (d) of this rule and not possible
for a state party to hold its presidential primary, caucus, convention,
or meeting for the purpose of voting for a presidential candidate and/
or selecting delegates to the national convention as was used for the
immediately next preceding national convention or to select delegates
or alternate delegates by congressional district or state conventions
pursuant to paragraph (c) of this rule, and the Republican National
Committee determines that granting such waiver is in the best interests
of the Republican Party.
(c) Conventions.
Wherever state law permits or the Republican Party rules of a state
require the election of delegates and alternate delegates by convention
or there is no applicable state law or Republican Party rule, delegates
and alternate delegates to the national convention shall be elected by
congressional district or state conventions pursuant to the following
rules:
(1) Congressional district or state conventions shall be called by the
Republican state committee.
(2) Delegates to Congressional district conventions may be elected in
precinct caucuses, mass meetings, mass conventions, or county
conventions in which only eligible voters in such precinct, county, or
district, as the case may be, shall vote.
(3) Notices of the call for any such caucus, meeting, or convention
shall be published in a newspaper or newspapers of general circulation
in the county, district, or state, as the case may be, not less than
fifteen (15) days prior to the date of such caucus, meeting, or
convention.
(4) Only persons eligible to vote who are deemed to be Republicans
pursuant to state law or by party rules of a state shall participate in
any Republican caucus, mass meeting, or mass convention held for the
purpose of selecting delegates to county, district or state conventions
and only such legal and qualified voters shall be elected as delegates
to county, district, and state conventions; provided, however, that in
addition to the qualifications provided herein, the governing
Republican committee of each state shall have the authority to
prescribe additional qualifications not inconsistent with law. Such
additional qualifications shall be adopted and published in at least
one (1) daily newspaper having a general circulation throughout the
state, such publication to be at least ninety (90) days before such
qualifications become effective.
(5) No delegates shall be deemed eligible to participate in any
congressional district or state convention the purpose of which is to
elect delegates to the national convention who are elected prior to the
date of issuance of the call of such national convention.
(6) Congressional district conventions shall be composed of delegates
who are persons eligible to vote and who are deemed to be Republicans
pursuant to state law or party rules. State conventions shall be
composed of delegates who are persons eligible to vote and who are
deemed to be Republicans pursuant to state law or party rules in the
respective districts which they represent in said state conventions.
Such delegates shall be apportioned by the state Republican Party among
counties, parishes, and cities of the state or district having regard
to the Republican vote or the population therein.
(7) There shall be no proxies at any district or state convention
(which shall not include meetings of a Republican state committee) held
for the purpose of selecting delegates to the national convention. If
alternate delegates to such selection convention are selected, the
alternate delegate and no other shall vote in the absence of the
delegate.
(d) Certification and filing by state committees.
(1) On or before July 1 of the year before the year in which the
national convention is to be held, each Republican state committee
shall adopt rules, procedures, policies, and instructive materials
(prepared pursuant to Rule No. 34(a)) governing the selection of
delegates and alternate delegates to the national convention to convene
during the following year and shall certify and file with the secretary
of the Republican National Committee true copies of the same and of all
statutes governing the selection of such delegates and alternate
delegates.
(2) Any state committee which fails to certify and file such rules,
procedures, policies, and instructive materials on or before July 1 of
the year before the year in which the national convention is held may
not claim or be awarded any additional delegates as provided in Rule
No. 31(a)(6).
(3) Any state committee which fails to certify and file such rules,
procedures, policies, and instructive materials on or before July 1 of
the year before the year in which the national convention is held may
not contest the award of any additional delegates as provided in Rule
No. 31(a)(6) to any other state.
Rule 33. Election of Excess Delegates and Alternate Delegates.
(a) No state shall elect a greater number of persons to act as
delegates and alternate delegates than the actual number of delegates
and alternate delegates respectively to which it is entitled under the
call for the national convention. No unit of representation may elect
any delegate or alternate delegate, with permission to cast a
fractional vote.
(b) Where more than the authorized number of delegates from any state
is certified and forwarded to the secretary of the Republican National
Committee in the manner provided in rule 35, a contest shall be deemed
to exist and the secretary shall notify the several claimants so
reported and shall submit all such credentials and claims to the whole
Republican National Committee for decision as to which claimants
reported shall be placed upon the temporary roll of the national
convention.
Rule 34. Participation.
(a) The Republican National Committee shall assist the states in their
efforts to inform all citizens as to how they may participate in
delegate selection procedures. The states, in cooperation with the
Republican National Committee, shall prepare instructive material on
delegate selection methods and make it available for distribution.
(b) Participation in a Republican primary, caucus, or any meeting or
convention held for the purpose of selecting delegates and alternate
delegates to a county, district, state, or national convention shall in
no way be abridged for reasons of sex, race, religion, color, age, or
national origin. The Republican National Committee and the Republican
state committee or governing committee of each state shall take
positive action to achieve the broadest possible participation by men
and women, young people, minority and heritage groups, senior citizens,
and all other citizens in the delegate selection process.
(c) Unless otherwise provided by the laws of the state in which the
election occurs, in those states where delegates and alternate
delegates are elected through the convention system of a combination of
convention and primary systems, the precinct, ward, township, or county
meetings shall be open meetings, and all citizens who are qualified
shall be urged to participate.
(d) Each state shall endeavor to have equal representation of men and
women in its delegation to the Republican National Convention.
(e) The provisions of these rules are not intended to be the basis of
any kind of quota system.
(f) On or after January 1, 1997, no state law or party rule shall be
observed that allows persons who have participated or are participating
in the selection of any nominee of a party other than the Republican
Party, including, but not limited to, through the use of a multi-party
primary or similar type ballot, to participate in the selection of a
nominee of the Republican Party for that general election. No person
nominated in violation of this rule shall be recognized as the nominee
of the Republican Party. If state law or state party rule provides for
the selection of the nominee of the Republican Party in violation of
this rule, the Republican nominee shall be selected by a convention
convened and held under procedures not inconsistent with the provisions
of Rule No. 32(c), unless a state party rule provides specifically to
the contrary.
Rule 35. Certification of Election.
(a) All delegates and alternate delegates shall be elected not later
than thirty-five (35) days before the date of the meeting of the
national convention, unless otherwise provided by the laws of the state
in which the election occurs.
(b) Election of delegates and alternate delegates shall be certified:
(1) in every case where they are elected by convention, by the chairman
and secretary of such convention or by the chairman and secretary of
the Republican state committee, and forwarded to the secretary of the
Republican National Committee;
(2) in every case where they are elected by primary, by the canvassing
board or officer created or designated by the law of the state in which
the election occurs, to canvass the returns and issue certificates of
election to delegates or alternate delegates to national conventions of
political parties, and all certificates shall be forwarded by said duly
elected delegates and alternate delegates in the manner herein
provided; and
(3) in every case where they are elected by the Republican state
committee, by the chairman and secretary of the Republican state
committee, and forwarded to the secretary of the Republican National
Committee.
(c) No later than thirty (30) days before the time set for the meeting
of the national convention, the credentials of each delegate and
alternate delegate shall be filed with the secretary of the Republican
National Committee for use by the secretary in making up the temporary
roll of the national convention, except in the case of delegates or
alternate delegates elected at a time or times in accordance with the
laws of the state in which the election occurs rendering impossible the
filing of credentials within the time specified.
Rule 36. Contests: Resolution by States.
All contests arising in any state electing district delegates by
district conventions shall be decided by its state convention, or, if
the state convention shall not meet prior to the national convention,
then by its state committee. Only contests affecting delegates elected
at large shall be presented to the Republican National Committee;
provided, however, if the contest regarding a district delegate arises
out of the irregular or unlawful action of the state committee or state
convention, the Republican National Committee may take jurisdiction
thereof and hear and determine the same under the procedures provided
in rules 38 and 39.
Rule 37. Temporary Roll.
(a) The names of the delegates and alternate delegates presenting
certificates of election from the officials designated in rule 35 shall
be placed upon the temporary roll of the national convention by the
Republican National Committee.
(b) No person on the temporary roll of the national convention and
whose right to be seated as a delegate or alternate delegate is being
contested shall be entitled to vote in the national convention or in
any committee thereof until by vote of the national convention the
contest as to such person has been finally decided and such person has
been permanently seated, except that any such person may be accorded
the right to so vote, except in matters involving the credentials of
that person, by an affirmative vote a majority of the members of the
Republican National Committee or the Committee on Credentials.
Rule 38. Contest Filing.
(a) Notices of contests shall state the grounds of the contest and
shall be filed, no later than thirty (30) days before the time set for
the meeting of the national convention, with the secretary of the
Republican National Committee and shall be sent simultaneously, by
registered mail to the person or persons being contested, except in the
case of delegates or alternate delegates elected at a time or times in
accordance with applicable state law rendering impossible the filing of
the notice of contest within the time above specified.
(b) Notices of contests may be filed only by a resident of the state
whose delegation is challenged who was eligible to participate at any
level in the delegate selection process of that state.
(c) Only contests that are timely filed under these rules shall be
considered.
(d) For purposes of the rules relating to contests and credentials, the
term ``party'' shall mean a person or persons who shall have filed a
notice of contest pursuant to this rule 38, and the person or persons
whose right to be seated as a delegate or alternate delegate is the
subject of such notice of contest.
Rule 39. Contest Procedure.
(a) The Committee on Contests shall have the power to adopt procedural
rules, not inconsistent with these rules, which shall govern the
expeditious prosecution of contests before the Committee on Contests.
When any deadline set out in this rule falls on a Sunday or legal
holiday, such deadline shall be extended to the following day.
(b) No later than twenty-two (22) days before the convening of the
national convention (or, in the case of delegates or alternate
delegates elected at a time or times in accordance with applicable
state law rendering impossible compliance with this requirement, within
five (5) days after such election), each of the parties shall file with
the secretary of the Republican National Committee at least three (3)
printed or typewritten copies of the statement of position in support
of the party's claim to sit as delegates or alternate delegates to the
national convention together with such affidavits or other evidence as
desired. The secretary of the Republican National Committee, upon
receiving the statement of position of a party, shall furnish the
opposing party a copy of said brief.
Each statement of position shall begin with a summary of not more than
one thousand (1,000) words setting forth succinctly a synopsis of the
statement of position and a specific statement of the points relied
upon.
(c) The Committee on Contests shall promptly hear the matter; decide
what issues are involved, either of law or fact, or both; and decide
upon its recommendation for resolution of such issues; and, submit such
issues and its recommendations for resolution to the Republican
National Committee. The issues so submitted by the Committee on
Contests shall be the sole issues passed upon and determined by the
Republican National Committee unless the Republican National Committee
shall, by a majority vote, extend or change the same.
If the Committee on Contests for any reason shall fail to state the
issues either of law or fact, the Republican National Committee shall
decide upon what issues the contest shall be tried, and the hearing
shall be limited to such issues unless the Republican National
Committee, by a majority vote, shall decide otherwise.
(d) The Committee on Contests shall make up a report of each contest
filed, showing the grounds of contest; the statute and rule, if any,
under which the contest is waged; and the contentions of each party
thereto. The report shall conclude with a statement of the points of
issue in the contest, both of fact and law, and a statement of the
recommendation of the Committee on Contests as to resolution of such
points of issue, and shall be signed by the chairman or his designee.
When the Committee on Contests has prepared such report stating the
issues of law and fact, a copy of the statement of such issues shall be
submitted forthwith to a person in the convention city, whom the
parties must appoint at the time of filing the contest to receive such
statement, and a copy shall be served forthwith by the chairman of the
Committee on Contests upon the parties by the most expeditious method
available, providing for written evidence of receipt including, but no
limited to, overnight delivery service.
(e) The parties shall have eight (8) days to file written objections to
the Committee on Contests' statement of the issues of fact or law, or
both, unless the Republican National Committee is called to act upon
the contest sooner, in which case such objections shall be made before
the meeting of the whole committee. If the parties reside in American
Samoa, Guam, Alaska, Hawaii, Puerto Rico, or the Virgin Islands they
shall be entitled to ten (10) days to file written objections.
The objections shall contain any additional statement of issues of
either law or fact, or both, claimed by the party submitting the same
to be involved in and necessary to be decided in the contest.
(f) When the Republican National Committee is called to pass upon any
contest that may arise, the members of the Committee on Credentials
shall also be notified of the time and place of such meeting and shall
have the right to attend all hearings of all contests but without the
right to participate in the discussion or the vote.
Rule 40. Convention Committee on Credentials.
(a) When the national convention shall have assembled, the secretary of
the Republican National Committee shall deliver to the Committee on
Credentials all credentials and other papers forwarded under rule
35(c).
(b) An appeal may be taken to the Committee on Credentials from any
ruling of the Republican National Committee on any contest, by and only
by a party to such contest in the proceedings, conducted pursuant to
rules 38 and 39 provided, however, that notice of such appeal must be
filed with the secretary of the Republican National Committee within
twenty-four (24) hours after the decision, that such notice shall
specify the grounds upon which the appeal is taken, and that only the
grounds so specified shall be heard by the Committee on Credentials
upon such appeal. No evidence other than that taken before the
Republican National Committee shall be taken up by the Committee on
Credentials unless it shall, by a majority vote of all of its members
present and voting, so direct.
(c) No issue involving the status of one or more delegates or alternate
delegates or any contest relating thereto may originate before the
Committee on Credentials of the national convention. All contests must
first be presented to the Committee on Contests of the Republican
National Committee or to the whole Republican National Committee.
(d) No motion with respect to delegates or alternate delegates from
more than one (1) state or territory shall be in order before the
Committee on Credentials.
Delegate Selection Information.
Rule 31 of the Rules of the Republican Party, adopted by the 1996
Republican National Convention, sets forth the delegate allocation
system for the 2000 Republican National Convention in Philadelphia,
Pennsylvania.
The present delegate allocation system was first developed at the 1972
Republican National Convention for use in determining the number of
delegates each state would have at the 1976 convention. In the Rules
adopted by the 1976 Convention, the formula for delegate allocation for
the 1980 Convention remained unchanged except for Puerto Rico (whose
delegate allocation was increased from eight to fourteen members). No
changes were made in the formula by either the 1980 or 1984
Conventions. The 1988 Convention added a bonus for obtaining a majority
of the members of a state legislative chamber, and included
representation for American Samoa. No changes were made in the formula
by the 1992 Convention. The 1996 Convention adopted bonus delegate
awards for states that schedule their primaries or caucuses later in
the year.
The delegate allocation for the 2000 Republican National Convention is
calculated as follows:
Base
Each of the 50 states receives a base of six (6) delegates at large.
American Samoa, Guam, and the Virgin Islands each receive a base of
four (4) at large delegates, while the District of Columbia and Puerto
Rico are allotted fourteen (14) delegates at large.
District Delegates
Each of the fifty states receives three (3) congressional district
delegates for each representative it has in the United States House of
Representatives, regardless of political affiliation. (Does not apply
to American Samoa, the District of Columbia, Guam, Puerto Rico and the
Virgin Islands.)
Bonus Delegates
Additional delegates at large (often referred to as bonus delegates)
are awarded to the fifty states according to the following criteria:
1996 Presidential Nominee
Any state that cast its electoral votes for Bob Dole in the 1996
election receives additional delegates at large computed as follows:
Four and one half (4\1/2\) delegates plus a number of delegates equal
to sixty percent (60%) of the number of electoral votes of the state
(the sum of which is rounded up to the next whole number).
1994-1999 U.S. Senate
Each state electing a Republican U.S. Senator between 1996 and 1999,
inclusive, receives one (1) additional delegate at large per elected
Republican U.S. Senator. However, no state may receive more than two
(2) additional delegates for Republican senatorial victories.
1996-1999 Governors
Each state electing a Republican governor between 1996 and 1999,
inclusive, receives one (1) additional delegate at large, not to exceed
(1) delegate.
1996-1999 U.S. House of Representatives
Each state is awarded one (1) additional delegate at large if, at any
time between 1996-1999 inclusive, Republicans represented at least one-
half (\1/2\) of the state's U.S. House of Representatives delegation.
However, no state may receive more than one (1) such delegate.
1996-1999 State Legislatures
Each state obtaining a Republican majority in any chamber of its state
legislature, between 1996 and 1999, inclusive, or if the membership in
the Republican Party of any chamber of a state legislature increases by
twenty-five percent (25%) or more during that time (so long as 25%
equals at least two members) received one (1) additional delegate at
large, not to exceed one (1) delegate. In addition, if a state obtains
a Republican majority in all chambers of a state legislature between
1996 and 1999, inclusive, such state receives one (1) additional
delegate at large, not to exceed one (1) delegate.
Date of Primary/Caucus
Any state party, including for these purposes American Samoa, the
District of Columbia, Guam, Puerto Rico, and the Virgin Islands, which
holds a presidential primary, caucus, convention, or meeting
(hereinafter, ``event'') for the purpose of voting for a presidential
candidate and/or selecting national convention delegates during the
following time periods in the year 2000, receives additional delegates
as follows:
Any state party which holds its first presidential candidate voting
event or national convention delegate selection event from March 15 to
April 14, inclusive, receives additional delegates in an amount equal
to five percent (5%) of that state's above-calculated delegate total.
Any state party which holds its first presidential candidate voting
event or national convention delegate selection event from April 15 to
May 14, inclusive, receives additional delegates in an amount equal to
seven and one half percent (7.5%) of that state's above-calculated
delegate total.
Any state party which holds its first presidential candidate voting
event or national convention delegate selection event from May 15 to
June 20, inclusive, receives additional delegates in an amount equal to
ten percent (10%) of that state's above-calculated delegate total.
The sum of the date bonus delegates is rounded to the nearest whole
number. Date bonus delegates were awarded based on materials submitted
by the state Republican parties by the July 1, 1999 deadline provided
for in Rule 32. Note. If a state party moved its event date into the
prescribed date bonus period after the July 1, 1999 deadline, it did
not qualify for date bonus delegates. Also, if a state party moved its
event date within the prescribed date bonus period after the July 1,
1999 deadline, it did not qualify for additional date bonus delegates.
This information is intended to serve only as a summary of the delegate
allocation system for the 2000 Republican National Convention. The
Rules of the Republican Party and the Call for the 2000 Republican
National Convention are the official and binding authority on delegate
allocation.
----------------------------------------------------------------------------------------------------------------
Delegates
Delegates from each Number of
State at large congressional districts Total
district
----------------------------------------------------------------------------------------------------------------
Alabama................................................... 23 3 (7) 44
----------------------------------------------------------------------------------------------------------------
Alaska.................................................... 20 3 (1) 23
----------------------------------------------------------------------------------------------------------------
Arizona................................................... 12 3 (6) 30
----------------------------------------------------------------------------------------------------------------
Arkansas.................................................. 12 3 (4) 24
----------------------------------------------------------------------------------------------------------------
American Samoa............................................ 4 3 (0) 4
----------------------------------------------------------------------------------------------------------------
California................................................ 6 3 (52) 162
----------------------------------------------------------------------------------------------------------------
Colorado.................................................. 22 3 (6) 40
----------------------------------------------------------------------------------------------------------------
Connecticut............................................... 7 3 (6) 25
----------------------------------------------------------------------------------------------------------------
Delaware.................................................. 9 3 (1) 12
----------------------------------------------------------------------------------------------------------------
District of Columbia...................................... 15 3 (0) 15
----------------------------------------------------------------------------------------------------------------
Florida................................................... 11 3 (23) 80
----------------------------------------------------------------------------------------------------------------
Georgia................................................... 21 3 (11) 54
----------------------------------------------------------------------------------------------------------------
Guam...................................................... 4 3 (0) 4
----------------------------------------------------------------------------------------------------------------
Hawaii.................................................... 8 3 (2) 14
----------------------------------------------------------------------------------------------------------------
Idaho..................................................... 22 3 (2) 28
----------------------------------------------------------------------------------------------------------------
Illinois.................................................. 14 3 (20) 74
----------------------------------------------------------------------------------------------------------------
Indiana................................................... 25 3 (10) 55
----------------------------------------------------------------------------------------------------------------
Iowa...................................................... 10 3 (5) 25
----------------------------------------------------------------------------------------------------------------
Kansas.................................................... 23 3 (4) 35
----------------------------------------------------------------------------------------------------------------
Kentucky.................................................. 13 3 (6) 31
----------------------------------------------------------------------------------------------------------------
Louisiana................................................. 8 3 (7) 29
----------------------------------------------------------------------------------------------------------------
Maine..................................................... 8 3 (2) 14
----------------------------------------------------------------------------------------------------------------
Maryland.................................................. 7 3 (8) 31
----------------------------------------------------------------------------------------------------------------
Massachusetts............................................. 7 3 (10) 37
----------------------------------------------------------------------------------------------------------------
Michigan.................................................. 10 3 (16) 58
----------------------------------------------------------------------------------------------------------------
Minnesota................................................. 10 3 (8) 34
----------------------------------------------------------------------------------------------------------------
Mississippi............................................... 18 3 (5) 33
----------------------------------------------------------------------------------------------------------------
Missouri.................................................. 8 3 (9) 35
----------------------------------------------------------------------------------------------------------------
Montana................................................... 20 3 (1) 23
----------------------------------------------------------------------------------------------------------------
Nebraska.................................................. 21 3 (3) 30
----------------------------------------------------------------------------------------------------------------
Nevada.................................................... 11 3 (2) 17
----------------------------------------------------------------------------------------------------------------
New Hampshire............................................. 11 3 (2) 17
----------------------------------------------------------------------------------------------------------------
New Jersey................................................ 15 3 (13) 54
----------------------------------------------------------------------------------------------------------------
New Mexico................................................ 12 3 (3) 21
----------------------------------------------------------------------------------------------------------------
New York.................................................. 8 3 (31) 101
----------------------------------------------------------------------------------------------------------------
North Carolina............................................ 26 3 (12) 62
----------------------------------------------------------------------------------------------------------------
North Dakota.............................................. 16 3 (1) 19
----------------------------------------------------------------------------------------------------------------
Ohio...................................................... 12 3 (19) 69
----------------------------------------------------------------------------------------------------------------
Oklahoma.................................................. 20 3 (6) 38
----------------------------------------------------------------------------------------------------------------
Oregon.................................................... 9 3 (5) 24
----------------------------------------------------------------------------------------------------------------
Pennsylvania.............................................. 15 3 (21) 78
----------------------------------------------------------------------------------------------------------------
Puerto Rico............................................... 14 3 (0) 14
----------------------------------------------------------------------------------------------------------------
Rhode Island.............................................. 8 3 (2) 14
----------------------------------------------------------------------------------------------------------------
South Carolina............................................ 19 3 (6) 37
----------------------------------------------------------------------------------------------------------------
South Dakota.............................................. 19 3 (1) 22
----------------------------------------------------------------------------------------------------------------
Tennessee................................................. 10 3 (9) 37
----------------------------------------------------------------------------------------------------------------
Texas..................................................... 34 3 (30) 124
----------------------------------------------------------------------------------------------------------------
Utah...................................................... 20 3 (3) 29
----------------------------------------------------------------------------------------------------------------
Vermont................................................... 9 3 (1) 12
----------------------------------------------------------------------------------------------------------------
Virginia.................................................. 23 3 (11) 56
----------------------------------------------------------------------------------------------------------------
Virgin Islands............................................ 4 3 (0) 4
----------------------------------------------------------------------------------------------------------------
Washington................................................ 10 3 (9) 37
----------------------------------------------------------------------------------------------------------------
West Virginia............................................. 9 3 (3) 18
----------------------------------------------------------------------------------------------------------------
Wisconsin................................................. 10 3 (9) 37
----------------------------------------------------------------------------------------------------------------
Wyoming................................................... 19 3 (1) 22
----------------------------------------------------------------------------------------------------------------
Total number of delegates........................... ........... ............. ........... 2066
----------------------------------------------------------------------------------------------------------------
PART III. SURVEY OF STATE LAWS, PARTY RULES, REGULATING THE SELECTION
OF DELEGATES TO THE NATIONAL NOMINATING CONVENTIONS
A. Delegate Selection for the States
ALABAMA
Delegates to National Conventions:
Democratic: 63
Republican: 44
a. manner of selection
Political parties may provide for the selection of delegates to
national conventions by the holding of a presidential preference
primary or by popular election of the delegates or otherwise. In the
event a presidential preference primary is called by the governing body
of any party, notice of such action shall be given to the Secretary of
State as part of the notice required by Sec. 17-16A-6 of the Code of
Alabama. Said notice shall prescribe the procedure for the listing of
the names of presidential candidates on the primary ballot and for the
selection of delegates pledged under party rules to vote for the
respective presidential candidates. A presidential preference primary,
when called, will appear in the first or top position on the primary
ballot. When no presidential preference primary is to be utilized,
delegates may be elected in the primary election in the same manner as
other party officers; except that, subject to such rules and procedures
as the respective political parties may adopt, any delegate candidate
may be permitted to list opposite his or her name on the primary ballot
the surname of the presidential candidate to whom he or she is pledged
or the word ``uncommitted.'' When delegates are to be so elected, the
candidates for such position or positions shall appear in the first or
top position on the primary ballot (Sec. 17-16-7, Code of Alabama).
When it shall be desired by the governing body of any political party
to enter the primary election ordered to be held under the provisions
of this chapter, said governing body for the State shall give public
notice thereof by filing a copy of the resolution of such governing
body with the Secretary of State of Alabama. Such notice may be given
to the Secretary of State by the chairman of the county executive
committee where the primary election affects only one county, and a
copy of such notice shall be filed with the probate judge of such
county (Sec. 17-16-13).
b. presidential preference primary
A presidential preference primary shall be held on the first Tuesday in
June, i.e., June 6, 2000 (Code of Alabama, Sec. 17-16-A1, 17-16-6). The
Alabama presidential primary is an open type of primary.
A petition or petitions in support of a presidential candidacy must be
filed with the State party chairman of the appropriate political party.
The petition or petitions must be signed by a total of not less than
500 electors or by not less than 50 qualified electors in each
congressional district in which there shall be a separate petition to
be signed (Sec. 17-16A-3). The candidate filing is required after March
1, and before March 15 of the year in which the presidential preference
primary is held. Sec. 17-16A-3.
Each candidate upon filing his qualifying petition shall pay a filing
fee that is prescribed by his political party (Sec. 17-16A-4). Whenever
the chairman shall receive petitions, timely filed, which appear to
qualify the name of a candidate for President to be placed on the
ballot, he shall forthwith notify the prospective candidate by the most
expeditious means of communication and shall advise such prospective
candidate that unless he withdraws his name from the ballot within ten
days after receipt of such notice, his name will appear on the ballot
of his party at such presidential preference primary. If a candidate
signifies his desire to withdraw his name within the above time limit,
his name shall not be printed on the ballot (Sec. Sec. 17-16A-5, 17-
16A-6).
c. statutory instructions
None. (Party resolutions and rules provide appropriate instructions to
the delegates.)
ALASKA
Delegates to National Conventions:
Democratic: 19
Republican: 23
a. manner of selection
Delegates to the national conventions of the respective political
parties are selected at the state conventions of the parties according
to party rules.
b. presidential preference primary
The State of Alaska repealed its presidential preference primary
statute in 1984.
c. statutory instructions
None.
ARIZONA
Delegates to National Conventions:
Democratic: 55
Republican: 30
a. manner of selection
The selection of delegates to the political party national conventions
shall be as provided in the bylaws of each state party. Arizona Revised
Statutes Sec. 16-243(A).
b. presidential preference primary
A presidential preference primary will be held on the fourth Tuesday in
February in the year in which a President is to be elected (February
22, 2000), unless the Governor issues a proclamation that the
presidential preference election is to be held earlier. Such
proclamation for an earlier date must be issued no later than 150 days
before the date of the earlier preference election. Arizona Revised
Statutes, Sec. 16-241(A),(B).
To be eligible to participate in the presidential preference election,
a political party must be entitled to continued representation on the
state ballot pursuant to Sec. 16-804 of the Arizona Revised Statutes,
that is, a party whose candidate for presidential electors received in
the last election not less than 5% of the votes cast. Sec. 16-
244(A)(1), 16-804. Additionally, the Secretary of State may determine
that a party is eligible for continued recognition, notwithstanding its
showing in the previous election, if on October 1 of the year
immediately preceding the presidential preference primary, the party
has registered voters equal to at least two-thirds of one percent of
the total number of registered voters in the state. Sec. 16-244(B). A
new political party may participate when it becomes eligible for
recognition under Arizona Revised Statutes Sec. 16-801 (by filing a
petition signed qualified electors equal to not less than one and one-
third per cent of the total votes cast for presidential electors at the
last preceding general election). Sec. 16-244(A)(2). Such petition must
be filed with the Secretary of State no later than 115 days prior to
the presidential preference election.
A candidate for nomination as a party's candidate for the office of
President must file nomination papers not less than 40 days or more
than 70 days before the presidential preference election. Sec. 16-
242(A)(B). Such candidate must also file a document indicating that he
has qualified with the Federal Election Commission for ``matching
funds'' as a candidate for President. A person not qualified for
matching funds is not eligible to be a candidate in the presidential
preference primary. Sec. 16-242(C).
c. statutory instructions
Delegates at the party's convention shall use their ``best efforts''
for the party's presidential nominee candidate who received the largest
number of votes in the state preference primary until a candidate is
nominated, the candidate releases the delegate from obligation, the
candidate withdraws from the race, or at least one ballot has been
taken at the convention. Sec. 16-243(B).
ARKANSAS
Delegates to National Conventions:
Democratic: 48
Republican: 24
a. manner of selection
Each political party in the state desiring to select delegates to
attend a quadrennial national nominating convention of the party to
select a nominee for the Office of President of the United States shall
hold a preferential primary election in the state, and the delegates to
the national party convention shall be apportioned to the Presidential
candidate whose names were on the ballot at the preferential
Presidential primary or to ``uncommitted'' in the proportion that the
votes cast for each candidate or uncommitted bear to the total votes
cast at the election, rounded to the closest whole number. Arkansas
Statutes Annotated, Sec. 7-8-201. The State of Arkansas will hold a
preferential primary election in the State on the Tuesday three weeks
prior to the general primary election. (May 23, 2000) Sec. 7-7-203(b).
Each party holding a preferential primary election shall adopt
appropriate rules for the selection of delegates and alternates.
Sec. 7-8-204.
b. presidential preference primary
Each political party desiring to select delegates to a convention to
select a nominee for President shall hold a preferential primary
election to select delegates to a national nominating convention, the
Tuesday three weeks prior to the general primary. (May 23, 2000)
Sec. 7-8-201, 7-7-203(b). The presidential primary is an open type of
primary. The delegates to the national conventions shall be apportioned
to the votes cast for the presidential candidates (Sec. 7-8-201).
c. statutory instructions
Delegates are apportioned to the votes cast for the presidential
candidate. Sec. 7-8-201.
CALIFORNIA
Delegates to National Conventions:
Democratic: 434
Republican: 162
a. manner of selection
Delegates to national conventions of the political parties are selected
at the Presidential primary. The Chair of the State party committee
notifies the Secretary of State as to the number of delegates to
represent the state in the convention. The Democratic, Republican,
American Independent, and Peace and Freedom Parties have procedures and
rules as to delegate selection codified in detail in the California
Election Code, Division 6, Sec. Sec. 6000-6849. The Secretary of State
places the name of a candidate on the presidential primary ballot when
he determines the candidate is generally advocated or recognized
throughout the United States or California as actively seeking the
nomination of the party. After notification, the Secretary of State may
add names to the ballot, but may not take off names uless the candidate
signs a timely affidavit of non-candidacy. An unselected candidate may
be nominated by petition by a certain percentage of the registered
voters of that party. Newly qualified political parties shall conduct
their primary elections in accordance with procedures of any other
political party that has a detailed statutory provision. (Sec. 5006
supp.)
A new political party will be qualified to participate in a primary
election when (1) it received at least 2 percent of the vote for any of
its candidates statewide in the preceding gubernatorial election; (2)
when it appears to the Secretary of State that the party's registration
equals at least 1 percent of the entire vote of the State in the last
gubernatorial election, or (3) by petition by at least 10 percent of
the entire vote of the State in the last gubernatorial election. (Cal.
Election Code, Sec. 5100, Supp.)
b. presidential preference primary
A presidential preference primary will be held on the first Tuesday in
March in any year evenly divisible by the number four. (March 7, 2000)
(California Elections Code, Sec. 1202, Supp.)
c. statutory instructions
Republicans:
Each delegate to the Republican National Convention shall use his best
efforts at the convention for the party's presidential nominee
candidate from California to whom the delegate has pledged support
until such person is nominated for President, receives less than 10
percent of the votes for nomination, releases the delegate from his
obligation, or until two convention nominating ballots have been taken.
Thereafter, each delegate shall be free to vote as he chooses, and no
rule may be adopted by a delegation requiring the delegation to vote as
a body or causing the vote of any delegate to go uncounted or
unreported (California Elections Code, Sec. 6461(c).
COLORADO
Delegates to National Conventions:
Democratic: 61
Republican: 40
a. manner of selection
To the extent permitted by state and national political party rules,
each party shall use the presidential primary election results to
allocate delegate votes to presidential candidates for the presidential
nominating convention of that party, Colorado Revised Statutes, 1-4-
1204. Minor parties must set out in their constitution or bylaws a
method for nominating candidates and selecting delegates to
conventions. (Colorado Revised Statutes, Sec. 1-4-1301, as added by
1998 Session Laws, ch. 95).
b. presidential preference primary
Colorado will hold a presidential primary election on the first Friday
following the first Tuesday in March, (March 10, 2000), to ensure that
Colorado joins with other western states in conducting a coordinated
western presidential primary, (Colorado Revised Statutes, Sec. 1-4-
1202, as amended by Session Laws of Colorado, ch. 240, 1999).
Each major political party which is represented by a candidate entitled
to participate in the Colorado presidential primary election pursuant
to section 1-4-1203 is entitled to participate in the primary election
and shall have a separate party ballot. At such presidential primary
election, an elector may only vote for a candidate who represents the
political party to which the elector had declared an affiliation. An
unaffiliated registered elector may declare an affiliation to the
election judges of the presidential primary election as provided in
section 1-7-201. The presidential primary election of all political
parties shall be held at the same time and at the same polling places
and shall be conducted by the same election officials (Sec. 1-4-
1202(2)).
Except as otherwise provided, all presidential primary elections shall
be conducted in the same manner as other primary elections, and the
election officers for primary elections shall have the same powers and
shall perform the same duties as those provided by law for general
elections (Sec. 1-4-1202(3)).
All expenses incurred in the preparation or conduct of the presidential
primary election shall be paid out of the treasury of the county or
state, as the case may be, in the same manner as for general elections
(Sec. 1-4-1202(4)).
The secretary of state shall certify the names and party affiliations
of the candidates to be placed on the presidential primary election
ballots fifty days before such election is to be held. The only
candidates whose names shall be placed on ballots for such elections
shall be those candidates who:
(a) Are eligible to receive payments pursuant to the federal
``Presidential Primary Matching Payment Account Act'', 26 U.S.C. 9031
et seq., at the time candidates' names are to be certified by the
secretary of state; and
(b) Are seeking the nomination for president of a political party whose
nominee for president of the United States received at least twenty
percent of the votes cast by qualified electors in Colorado at the last
presidential election and (c) have submitted a candidate's statement
and filing fee (Sec. 1-4-1203(1)).
The names of candidates appearing on any presidential primary ballot
shall be in alphabetical order (Sec. 1-4-1203(2)).
The secretary of state shall tabulate the number of votes received by
each candidate named on the presidential primary election ballot and
shall calculate the percentage of votes received by each candidate as
compared to the number of votes received by all candidates of the same
political party (Sec. 1-4-1204(1)).
The secretary of state shall certify the results and percentages
calculated pursuant to subsection (1) of this section to the state
party chairman and national committee of each political party which had
at least one candidate on the presidential primary election ballot. To
the extent permitted by state and national political party rules, each
such party shall use the election results to allocate delegate votes to
presidential candidates for the presidential nominating convention of
that party. Political parties need not allocate delegate votes to
candidates who receive less than fifteen percent of the votes cast in
the presidential primary election for that party unless required to do
so pursuant to state or national party rules (Sec. 1-4-1204).
Minor political parties may nominate candidates by petition signed by
at least ten thousand registered electors, submitted no later than May
1 of the election year for which the minor political party seeks to
qualify. (Sec. 1-4-1302, as added by Session Laws of Colorado, ch. 95,
1998).
c. statutory instructions
Delegates shall be pledged or bound to vote for the candidate to which
they have been allocated only to the extent allowed by the state and
national party rules of that political party (Sec. 1-4-1204(2)).
CONNECTICUT
Delegates to National Conventions:
Democratic: 67
Republican: 25
a. manner of selection
National convention delegates and alternates are selected in accordance
with party rules. Political parties may hold caucuses for the selection
of delegates prior to the day of the presidential primary (Connecticut
General Statutes annotated, Sec. 9-486). Not later than the 14th day
before the day of the primary, the chairman of each party shall certify
in writing to the Secretary the number of delegates to which such
party is entitled pursuant to its rules. If such rules provide that
such delegates are to be chosen from districts, the chairman shall also
certify the number of delegates allocated to each district and the
number to be selected at large, if any. If such rules prescribe a
formula for the allocation of delegates to candidates based upon the
percentages of the total votes cast for such candidates at the primary,
the chairman shall also certify such formula and all information
necessary for the application of such formula to the results of the
primary. The chairman shall furnish to the Secretary, upon request, a
written interpretation or explanation of any application of such
formula (Sec. 9-473).
Allocation of Delegates:
If a party's chairman has certified a formula in accordance with the
provisions of section 9-473, the Secretary shall calculate the number
of delegates allocated to each of such party's candidates, pursuant to
such formula, except as provided in section 9-484 (Sec. 9-483).
If a party's chairman did not certify a formula pursuant to section 9-
473, or if the application of the formula so certified requires all
delegates to be allocated to the candidate receiving the greatest
number of votes notwithstanding such candidate's percentage of the
total votes cast for all candidates, the Secretary shall determine the
number of delegates to be so allocated to each candidate of each such
party in accordance with the provisions of this section (Sec. 9-
484(a)).
Such determination shall be made separately for delegates to be
selected at large and delegates to be selected from each district. Any
percentage required to be determined, in accordance with the provisions
of this section, shall be rounded off to the nearest one-tenth of one
percent. As used in this section, ``minimum percentage'' means the
ratio, expressed as a percentage, that the number one bears to the
total number of delegates to be selected, but in no event shall such
percentage exceed twenty-five percent. (Sec. 9-484(b)).
The Secretary shall calculate the minimum percentage, as defined in
subsection (b) of this section, using the number of delegates to be
selected at large and, if applicable, the number of delegates to be
selected from each district respectively. Except as provided in this
subsection, a candidate's percentage of the total votes cast for all
candidates in the State or in a district must equal or exceed such
minimum percentage in order for such candidate to be allocated any at
large delegates or any delegates from such district, as the case may
be. The Secretary shall determine each candidate's percentage of the
total votes cast for all candidates in the State and in each district.
In the event two or more candidates have received a percentage of such
total votes cast equal to or greater than the minimum percentage, the
Secretary shall calculate an adjusted percentage, which shall be each
such candidate's percentage of the total votes cast for all such
candidates, excluding the votes cast for all other candidates. The
Secretary shall then calculate the product of each such candidate's
adjusted percentage and the total number of delegates to be selected,
rounding off such product to the nearest integer. Such product shall be
the number of delegates allocated to each such candidate except as
hereinafter provided. (1) If the rounding off of such products to the
nearest integers causes the sum of all delegates so allocated to be
greater than the total number of delegates to be selected at large or
from the district, then one delegate shall be subtracted from the
number allocated to the candidate who received the greatest
mathematical gain from such rounding off, and if necessary one delegate
shall also be substracted from the number allocated to the candidate
who received the next greatest gain, and so on until the sum of all
delegates allocated to candidates equals the total number of delegates
to be so selected. (2) If the rounding off of such products to the
nearest integers causes the sum of all delegates so allocated to be
fewer than the total number of delegates to be selected at large or
from the district, then one delegate shall be added to the number
allocated to the candidate who suffered the greatest mathematical loss
from such rounding off, and if necessary one delegate shall also be
added to the number allocated to the candidate who suffered the next
greatest such loss, and so on until the sum of all delegates allocated
to candidates equals the total number of delegates to be so selected
(Sec. 9-484(c)).
In the event one or no candidate has received a percentage of the total
number of votes cast for all candidates equal to or greater than the
minimum percentage, the Secretary shall calculate an adjusted
percentage for each of the candidates receiving the greatest and second
greatest number of votes cast for all candidates. The adjusted
percentage shall be such candidate's percentage of the total number of
votes cast for both such candidates, excluding the total number of
votes cast for all other candidates. The Secretary shall determine the
number of delegates allocated to each candidate by using the same
procedure as prescribed in subsection (c) of this section (Sec. 9-
484(d)).
Certification of Delegates; Release of Delegates:
Forthwith upon completion of the procedures prescribed by section 9-483
or 9-484, as the case may be, the Secretary shall certify to the
chairman, each candidate and the national committee of the party, the
number of such party's at large and district delegates allocated to
each candidate in accordance with the provisions of said sections. Each
party shall select a number of delegates, both at large and from each
district, pursuant to its rules and in accordance with such
certification, provided it shall select a number of delegates committed
to support each candidate which is not less than the number so
allocated to such candidate. If, prior to a party's selection of
delegates, a candidate to whom one or more of such party's delegates
are allocated files with the Secretary a written statement, by him
signed, to the effect that he has released all Connecticut delegates
allocated to him, delegates committed to such candidate shall not be
selected by such party. Forthwith upon the selection of delegates, the
chairman shall certify to the Secretary the name and address of each
delegate, the district from which he was selected or that he was
selected at large, and the name of the candidate to whom he is
committed or that he is uncommitted, as the case may be. If, as a
consequence of any such candidate's release of delegates, the number of
delegates differs from the number so allocated in accordance with the
Secretary's certification, the chairman shall include in his
certification a statement to such effect and an accounting of the
differences (Sec. 9-485(a)).
The Secretary shall forward a copy of such certification to the
national committee of the party and to each candidate to whom at least
one delegate is committed. If such certification indicates that the
party has not complied with the provisions of this section in its
selection of delegates, the Secretary shall so inform the chairman,
each such candidate and the national committee of the party. If any
such candidate files with the Secretary a written objection to any
delegate committed to him according to the chairman's certification,
the Secretary shall inform the chairman and the national committee of
the party of such objection. Any dispute over the selection of
delegates by a party shall be resolved in such manner as its rules may
prescribe (Sec. 9-485(b)).
b. presidential preference primary
A presidential preference primary is to be held on the first Tuesday in
March (March 7, 2000) (Sec. 9-464). The presidential primary is a
closed type of primary. The name of a candidate shall be placed on the
ballot at a primary of a party either: (a) by direction of the
Secretary of State when he determines within the time specified that
the candidacy of such person for such party's nomination for president
is generally and seriously advocated or recognized according to reports
in the national or state news media, unless such candidate files a
request to omit his name; or (b) by petition to the Secretary of State
(Sec. 9-465).
1. Candidate List:
The secretary shall, at ten o'clock a.m. on the seventy-fourth day
preceding the day of the primary, publicly announce a list of
candidates whose names are to be placed on the ballot of each party at
such primary pursuant to subsection (a) of section 9-465. Forthwith
upon announcing such list, said secretary shall notify each such
candidate, by registered mail with return receipt requested, that his
name will be included on the ballot unless he files with the Secretary,
not later than four o'clock p.m. of the thirty-sixth day before the
primary, a written request, signed by the candidate, to the following
effect: ``I request that my name be omitted from the ballot at
Connecticut's forthcoming . . . (name of party) presidential preference
primary''. The name of any candidate who files a request as provided by
this section, within the time specified, shall be omitted from the
ballot, but no such withdrawal shall be honored if it is received later
than the time specified by his section (Sec. 9-466)
2. Issuance of Petition:
On or after twelve o'clock noon of the seventy-fourth day preceding the
day of the primary, any person seeking the nomination of a party for
president, whose name is not included in the list of candidates
announced by the Secretary pursuant to section 9-466, or any person
advocating the nomination of such person, by such party, may obtain
petition pages from the Secretary in the manner provided by this
section. Such pages shall be in a form prescribed by the Secretary and
shall conform, as nearly as may be, to the requirements for primary
petition forms provided in section 9-410. Any person requesting the
petition pages shall give to the Secretary, in writing, his name and
address, the name and address of the candidate for whom the petition is
to be circulated and the party holding the primary, and shall also
file, or cause to be filed, with said Secretary a written statement,
signed by such candidate, to the effect that he consents to the
inclusion of his name on the primary ballot of such party. Upon
completion of these requirements, the Secretary shall give to the
person so requesting such petition pages a number of pages sufficient
to contain at least two times the number of signatures required in
accordance with the provisions of section 9-468. The Secretary shall
also fill in on each petition page the name and address of the
candidate, the words ``nomination for president of the United States''
as the designation of the office sought, and the name of the party
conducting the primary (Sec. 9-467).
3. Candidate Petition for Ballot Inclusion:
Such petitions shall be circulated, filed with the registrars of
voters, and verified by said registrars, as nearly as may be, in
accordance with the provisions of sections 9-410 and 9-412. Each page
of such a petition shall be filed with the registrar of voters of the
party holding the primary in the town of voting residence of the
signers thereof, not later than four o'clock p.m. of the forty-sixth
day preceding the day of the primary; and such registrar shall verify
the signatures on each such page and forward it to the secretary not
later than four o'clock p.m. of the forty-second day preceding the day
of the primary. If, prior to such last day for filing such pages with
the registrar, such a petition was issued under section 9-467, the
office or office facilities of each registrar of such party in each
town shall open not later than one o'clock p.m. and remain open until
at least four o'clock p.m., and each such registrar or his deputy
assistant registrar shall be present therein (Sec. 9-468). The
Secretary shall complete tabulation of the signatures on each petition
not later than the thirty-sixth day preceding the day of the primary.
The secretary shall place on the ballot of each party at the primary
the name of each candidate whose petition has been signed by a number
of enrolled members of such party equal to at least one per cent of the
total number of enrolled members of such party in the state, according
to the most recent enrollment records on file in the office of the
Secretary. No candidate who has filed a statement of consent pursuant
to the provisions of section 9-467 and whose name is placed on the
ballot pursuant to the provisions of this section shall be permitted to
withdraw his name from such ballot (Sec. 9-469).
4. Order of Names on Ballot:
The Secretary shall determine by lot, in a public ceremony held on the
thirty-fifth day preceding the day of the primary, the order in which
the names of the candidates will appear on the ballot of each party at
such primary; provided that the category ``uncommitted'' shall appear
last on such ballots. Notwithstanding any provision of the general
statutes to the contrary, no candidate shall be designated on the
ballot as the party-endorsed candidate. The names of such candidates
shall appear, in the order so determined by the Secretary, in the first
vertical column of the voting machine. Such column shall be designated
``Nomination for President of the United States''; provided if the
number of candidates is such that there is an insufficient number of
places in such column, the Secretary shall determine whether the names
of the candidates shall also extend, in the order so determined, to the
second and succeeding columns as may be necessary, or shall appear on
the first and succeeding horizontal rows as may be necessary. Such
columns or rows shall be designated as hereinabove provided. Except as
otherwise provided in this chapter, the form of the ballot shall be
prescribed by the Secretary and shall conform, as nearly as may be, to
the provisions of section 9-437 (Sec. 9-470).
c. statutory instructions
The Secretary shall certify to the chairman, each candidate and the
national committee of the party, the number of such party's at large
and district delegates allocated to each candidate in accordance with
the provisions of said sections. Each party shall select a number of
delegates, both at large and from each district, pursuant to its rules
and in accordance with such certification, provided it shall select a
number of delegates committed to support each candidate which is not
less than the number so allocated to such candidate. If, prior to a
party's selection of delegates, a candidate to whom one or more of such
party's delegates are allocated files with the Secretary a written
statement, by him signed, to the effect that he has released all
Connecticut delegates allocated to him, delegates committed to such
candidate shall not be selected by such party. Forthwith upon the
selection of delegates, the chairman shall certify to the Secretary the
name and address of each delegate, the district from which he was
selected or that he was selected at large, and the name of the
candidate to whom he is committed or that he is uncommitted, as the
case may be. If, as a consequence of any such candidate's release of
delegates, the number of delegates differs from the number so allocated
in accordance with the Secretary's certification, the chairman shall
include in his certification a statement to such effect and an
accounting of the differences.
The Secretary shall forward a copy of such certification to the
national committee of the party and to each candidate to whom at least
one delegate is committed. If such certification indicates that the
party has not complied with the provisions of this section in its
selection of delegates, the secretary shall so inform the chairman,
each such candidate and the national committee of the party. If any
such candidate files with the Secretary a written objection to any
delegate committed to him according to the chairman's certification,
the secretary shall inform the chairman and the national committee of
the party of such objection. Any dispute over the selection of
delegates by a party shall be resolved in such manner as its rules may
prescribe.
If, subsequent to the primary, a candidate to whom one or more of such
party's delegates are allocated either dies or files with the Secretary
a written statement, by him signed, to the effect that he has released
all Connecticut delegates committed to him, the commitment of any such
delegate to the candidate shall be deemed to have been released
(Sec. 9-485).
DELAWARE
Delegates to National Conventions:
Democratic: 22
Republican: 12
a. manner of selection
Delegates and alternate delegates to a national convention of a
political party shall be apportioned, selected and/or elected in such a
manner as the rules of the party may provide. The chair of any
political party shall certify and forward to the State Election
Commissioner a copy of the party rules at least 30 days prior to the
last day on which candidates for the President must provide
notification of their candidacy. (Title 15, Sec. 3185).
b. presidential primary election
Political Party Candidates
A presidential primary election will be held for all political parties
on the Saturday next following the day on which the state of New
Hampshire elects to conduct a presidential primary election. (Delaware
Code Annotated, title 15, Sec. 3181(a)). A political party may choose
not to participate in a presidential primary if the party notifies the
State Election Commission in writing prior to the close of business on
August 1 of the year preceding any year in which the President is to be
elected. (Title 15, Sec. 3181(b)).
A candidate is eligible for the primary election if the candidate is
affiliated with a party appearing on the ballot of the previous general
election, and has become eligible to receive federal ``matching
payments,'' or has filed a petition with the State Election Commission
with at least 500 signatures of registered voters of that party. (Title
15, Sec. 3184). Candidates must file a notification of candidacy on the
date set by the State Election Commission. (Title 15, Sec. 3183(a)). 15
days after the deadline set by the State Election Commission above, the
chairperson of each political party participating in the primary shall
provide a list of all persons affiliated with the party not already on
the ballot, who have come eligible to receive federal ``matching
payments,'' and who have not announced the withdrawal of their
candidacy or suspension of their campaign. (Title 15, Sec. 3183(b)).
c. statutory instructions
None.
DISTRICT OF COLUMBIA
Delegates to National Conventions:
Democratic: 33
Republican: 15
a. manner of selection
No candidate for delegate or alternate may be listed on the primary
ballot unless such candidate was properly selected according to the
rules of his political party. (District of Columbia Code, Sec. 1-
1306(b)(3)(B)).
Candidates for delegate and alternates where permitted by political
party rules to a particular political party national convention
convened to nominate that party's candidate for President shall be
listed on the ballot of the presidential preference primary held as:
(1) Full slates of candidates for delegates supporting a candidate for
nomination for President if there shall have been filed with the Board,
no later than 60 days before the date of such presidential primary, a
petition on behalf of such slate's candidacy signed by the candidates
on the slate, and by at least 1,000, or 1 percent, whichever is less,
of the qualified electors of the District of Columbia who are
registered under Sec. 1-1311 and are of the same polical party as the
candidates on such slate;
(2) Full slates of candidates for delegates not committed to support
any named candidate for nomination for President if there shall have
been filed with the Board, no later than 60 days before the date of
such presidential primary, a petition on behalf of such slate's
candidacy signed by the candidates on the slate and by at least 1,000,
or 1 percent, whichever is less, of the qualified electors of the
District of Columbia who have registered under Sec. 1-1311 and are of
the same political party as the candidates on such slate;
(3) An individual candidate for delegate supporting a candidate for
nomination for President if there shall have been filed with the Board,
no later than 60 days before the date of such presidential primary, a
petition on behalf of such candidate, signed by the candidate and by at
least 1,000, or 1 percent, whichever is less, of the qualified electors
of the District of Columbia who have registered under Sec. 1-1311 and
are of the same political party as the candidate; or
(4) An individual not committed to support any named candidate for
nomination for President if there shall have been filed with the Board,
no later than 60 days before the date of such presidential primary, a
petition on behalf of such candidate, signed by the candidate and by at
least 1,000, or 1 percent, whichever is less, of the qualified electors
of the District of Columbia who have registered under Sec. 1-1311 and
are of the same political party as the candidate (Sec. 1-
1306(b)(3)(A)).
b. presidential preference primary
The District of Columbia Board of Elections shall, on the first Tuesday
in May, (May 2, 2000) of each presidential election year, conduct a
presidential preference primary in which the registered qualified
voters therein may express their preference for candidates of each
political party of the District of Columbia for nomination for
President. (Sec. 1-1306(b)(1)).
No person shall be listed on the ballot as a candidate for nomination
for President in such primary unless there shall have been filed with
the Board no later than 60 days before the date of such presidential
primary election a petition on behalf of his or her candidacy signed by
at least 1,000, or 1 percent, whichever is less, of the qualified
electors of the District of Columbia who are registered under Sec. 1-
1311, and of the same political party as the nominee (Sec. 1-
1306(b)(2)).
c. statutory instructions
The delegates and alternates, of each political party in the District
of Columbia to the national convention of that party convened for the
nomination of that party for President, elected at the presidential
preference primary, shall only be obliged to vote for the candidate
whom they have selected to represent in accordance with properly
promulgated rules of the political party, on the first ballot cast at
the convention for nominees for President, or until such time as such
candidate to whom the delegates are committed withdrawn his candidacy,
whichever first occurs (Sec. 1-1306(b)(5)).
FLORIDA
Delegates to National Conventions:
Democratic: 185
Republican: 80
a. manner of selection
The State of Florida shall hold a presidential preference primary for
the selection of delegates on the second Tuesday in March, March 14,
2000 (Florida Statutes Annotated, Sec. 103.101).
b. presidential preference primary
Each political party other than a minor political party shall, on the
second Tuesday in March in each year the number of which is a multiple
of 4 (March 14, 2000), elect one person to be the candidate for
nomination of such party for President of the United States or select
delegates to the national nominating convention, as provided by party
rule (Sec. 103.101(1)). The Florida presidential primary is a closed
type of primary. By December 31 of the year preceding the Florida
presidential preference primary, each political party shall submit to
the Secretary of State a list of its presidential candidates to be
placed on the presidential preference primary ballot or candidates
entitled to have delegates appear on the presidential preference
primary ballot. The Secretary of State shall prepare and publish a list
of the names of the presidential candidates submitted. The Secretary of
State shall submit such list of names of presidential candidates to the
selection committee on the first Tuesday after the first Monday
in January each year a presidential preference primary election is
held. Each person designated as a presidential candidate shall have his
name appear, or have his delegates' names appear, on the presidential
preference primary ballot unless all committee members of the same
political party as the candidate agree to delete such candidate's name
from the ballot. The presidential candidate selection committee shall
meet in Tallahassee on the first Tuesday after the first Monday in
January each year a presidential preference primary is held. The
selection committee shall publicly announce and submit to the
Department of State no later than 5 p.m. on the following day the names
of presidential candidates who shall have their names appear, or who
are entitled to have their delegates' names appear, on the presidential
preference primary ballot. The Department of State shall immediately
notify each presidential candidate designated by the committee. Such
notification shall be in writing, by registered mail, with return
receipt requested. Any presidential candidate whose name does not
appear on the list submitted to the Secretary of State may request that
the selection committee place his name on the ballot. Such request
shall be made no later than the second Tuesday after the first Monday
in January (Sec. 103.101(2)).
A candidate's name shall be printed on the presidential preference
primary ballot unless he submits to the Department of State, prior to
the second Tuesday after the first Monday in January, an affidavit
stating that he is not now, and does not presently intend to become, a
candidate for President at the upcoming nominating convention. If a
candidate withdraws pursuant to this subsection, the Department of
State shall notify the State executive committee that the candidate's
name will not be placed on the ballot. The Department of State shall,
no later than the third Tuesday after the first Monday in January,
certify to each supervisor of elections the name of each candidate for
political party nomination to be printed on the ballot
(Sec. 103.101(3)).
The names of candidates for political party nominations for President
of the United States shall be printed on official ballots for the
presidential preference primary election and shall be marked, counted,
canvassed, returned, and proclaimed in the same manner and under the
same conditions, so far as they are applicable, as in the other State
elections. If party rule requires the delegates' names to be printed on
the official presidential preference primary ballot, the name of the
president candidates for that political party may not be printed
separately, but the ballot may reflect the presidential candidate to
whom the delegate is pledged. If, however, a political party has only
one presidential candidate, neither the name of the candidate nor the
names of the candidate's delegates shall be printed on the ballot
(Sec. 103.101(4)).
The state executive committee of each party, by rule adopted at least
120 days prior to the presidential preference primary election, shall
determine the number, and establish procedures to be followed in the
selection, of delegates and delegate alternates from among each
candidate's supporters. A copy of any rule adopted by the executive
committee shall be filed with the Department of State within 7 days
after its adoption and shall become a public record. The Department of
State shall review the procedures and shall notify the State executive
committee of each political party of any ballot limitations. The
Department of State may promulgate rules for the orderly conduct of the
presidential preference primary ballot. Delegates must qualify no later
than the second Friday in January in the manner provided by party rule.
All delegates shall be allocated as provided by party rule
(Sec. 103.101 (5), (6), (7)).
c. statutory instructions
None.
GEORGIA
Delegates to National Conventions:
Democratic: 92
Republican: 54
a. manner of selection
There is no specific statutory provision regulating the election or
selection of delegates to national conventions. The law does state,
``each political party shall establish and maintain a State executive
committee exercising statewide jurisdiction and control over party
affairs, and a county executive committee in each county in which it
holds a primary, exercising county-wide jurisdiction and control over
party affairs. A party may establish and maintain such other committees
as it may from time to time deem advisable. The membership of such
committees shall be selected in the manner determined by the State
executive committee. Each committee shall be presided over by a
chairman and shall have a secretary and each other officers as deemed
advisable. Georgia will have a presidential primary on March 7, 2000.
The State executive committee of each political party or body shall
determine the method and procedures by which delegates and delegate
alternates to the national nominating conventions are selected, as well
as adopt any other rule not inconsistent with this article. (Code of
Georgia, Sec. 21-2-195).
b. presidential preference primary
A presidential preference primary shall be held in 1992 and every four
years thereafter for each political party or body which has cast for
its candidates for President and Vice President in the last
presidential election more than 20 percent of the total vote cast for
President and Vice President in the state, so that the electors may
express their preference for one person to be the candidate for
nomination by his party or body for the office of President of the
United States; provided, however, that no elector shall vote in the
primary of more than one political party or body in the same
presidential preference primary. Such primary was held on April 3,
1992, and shall be held on the first Tuesday in March every four years
thereafter (March 7, 2000). A State political party or body may by rule
choose to elect any portion of its delegates to that party's or body's
presidential nominating convention in the primary; and, if a State
political party or body chooses to elect any portion of its delegates,
such state political party or body shall establish the qualifying
period for those candidates for delegate and delegate alternate
positions which are to be elected in the primary and for any party
officials to be elected in the primary and shall also establish the
date on which State and county party executive committees shall certify
to the Secretary of State or the superintendent, as the case may be,
the names of any such candidates who are to be elected in the primary;
provided, however, that such dates shall not be later than December 31,
in the year preceding the year in which the presidential preference
primary is to be held. (Sec. 21-2-191).
Not later than December 31 in the year preceding the year in which a
presidential preference primary is to be held, the state executive
committee of each party which is to conduct a presidential preference
primary shall submit to the Secretary of State a list of the names of
the candidates of such party to appear on the presidential preference
primary ballot. Such lists shall be published by the Secretary of State
in a newspaper of general circulation in the state during the first
week of January in the year in which the presidential preference
primary is to be held. (Sec. 21-2-193).
c. statutory instructions
Any person selected as a delegate or delegate alternate to such
national convention shall file a qualification oath with the Secretary
of State pledging support at the convention to the candidate of their
political party or body for the office of President of the United
States for whom they are selected to support. The oath shall state that
the delegate or delegate alternate affirms to support such candidate
until the candidate is either nominated by such convention, or receives
less than thirty-five percent of the votes for nomination by such
convention during any balloting, or until the candidate releases the
delegates from such pledge. No delegate shall be required to vote for
such candidate after two convention nominating ballots have been
completed (Sec. 21-2-196).
HAWAII
Delegates to National Conventions:
Democratic: 33
Republican: 14
a. manner of selection
The delegates to the national conventions from Hawaii are elected at
state conventions held by the political parties.
b. presidential preference primary
None.
c. statutory instructions
None.
IDAHO
Delegates to National Conventions:
Democratic: 23
Republican: 28
a. manner of selection
The Idaho election laws provide that each State convention shall write
and adopt rules and regulations governing the conduct of their
respective convention.
At their convention each political party may in the year of
presidential elections elect delegates to the national convention in
the manner prescribed by national party rules (Idaho Code, Sec. 34-
707).
Delegates are also elected at a presidential preference primary held on
the fourth Tuesday in May of each presidential year, i.e., May 23, 2000
(Sec. 34-731). No later than ten (10) days prior to the presidential
primary election, each candidate for nomination by a party for
president, or a designated representative of such candidate, shall file
with the Secretary of State a list of names and addresses of persons
proposed by that candidate to be delegates to the national convention
of the party of that candidate. The number of names set forth on such
list of proposed delegates shall be equal to the number of delegates
and alternates to the national party convention as are allotted to
Idaho for that year by the national committee of that party. No
person's name shall be placed on such a list of proposed delegates
unless that person has attained the age of eighteen (18) years at the
time said delegates' list is filed, is a citizen of the United States,
is a qualified elector of the State of Idaho, and has resided in the
State of Idaho for at least one (1) year next preceding filing of said
list. The qualifications of each person, whose name appears on such
list of proposed delegates, shall be verified by an affidavit of the
candidate, or a representative of the candidate, and said affidavit
shall be attached to said list so filed. The form of said affidavit
shall be determined by the Secretary of State (Sec. 34-735).
Upon completion of the State canvass of the results of the presidential
primary, the Secretary of State shall certify to the State chairman of
each political party participating in the presidential primary the
number of votes received by each candidate of that party and the number
of votes for an uncommitted delegation received by that party (Sec. 34-
736(1)). Each political party shall then select as many delegates and
alternates to the national party convention as are allotted to it by
the national committee of that party, according to the provisions of
the following subsections of this section (Sec. 34-736(2)).
Eighty percent of such delegates and eighty percent of such alternates
to a national party convention shall be selected by a party at its
state convention, or as the party rules otherwise provide, from among:
(a) the persons named on the lists of proposed delegates to the
national conventions filed with the secretary of state by that party's
respective candidates for nomination by the party for President of the
United States; and
(b) the persons selected by that party at its state convention, or as
the party rules otherwise provide, to comprise any uncommitted
delegation (Sec. 34-736(3)).
The number of delegates and the number of alternatives selected by a
party from a candidate's list of proposed delegates, or selected by
that party to comprise any uncommitted delegation, shall bear the same
proportion to eighty percent (80 percent) of the total number of
delegates and alternates allotted to such party as the total vote
received by each candidate or uncommitted delegation bears to the total
combined vote cast in said primary election for all candidates and
uncommitted delegation, if any, receiving more than five percent (5
percent) of the votes cast for that party. Upon determination of the
number of delegates and alternates that shall be selected from each
candidate's list of proposed delegates and that shall be selected to
comprise an uncommitted delegation, if any, the party shall then select
delegates and alternates to that party's national convention in that
respective number from each such list and to comprise the uncommitted
delegation, if any. The delegates and alternates comprising any such
uncommitted delegation shall be selected as the party rules determine
(Sec. 34-736(4)).
Twenty percent of the delegates and twenty percent of the alternates to
a national party convention as are allotted to a party by the national
committee of that party shall be selected as delegates and alternates
to the national convention of that party as the party rules may
determine (Sec. 34-736(5)).
In the event a candidate in the presidential preference primary fails
to file with the Secretary of State a list of proposed delegates to his
party's national convention, or to the extent that such a list of
proposed delegates provided by such candidate fails to name a
sufficient number of persons qualified for the office of delegate, such
number of delegates and alternates, as would be selected from said
candidate's list of proposed delegates according to the election
results, shall be selected by the party as delegates and alternates to
that party's national convention, as the party rules may determine
(Sec. 34-736(6)).
In calculating the apportionment of delegate votes in conjunction with
the selection of delegates and alternates, as provided for in this
section, such proportions of delegate votes shall be expressed as
decimal-fractional votes or the nearest whole number of delegate votes
as the rules of the particular national party or convention may provide
(Sec. 34-736(8)).
There shall be no unit rule applied to or by the delegation of any
party to that party's national convention. No party or delegation shall
commit or instruct delegates and alternates selected from that party's
candidates' lists of proposed delegates or selected as uncommitted
delegates and alternates. Other delegates and alternates may be
committed and/or instructed as the party rules may provide (Sec. 34-
736(9)).
b. presidential preference primary
A presidential preference primary shall be held on the fourth Tuesday
in May of each presidential year (May 23, 2000).
Each qualified elector shall have the opportunity to vote on the
official presidential preference primary for one person to be the
candidate for nomination by a party for president of the United States.
The name of any candidate for a political party nomination for
President of the United States shall be printed on the ballots only:
(a) if the Secretary of State shall have determined, in his sole
discretion, that the person's candidacy is generally advocated or
recognized in national news media throughout the United States. For the
purpose of promoting the aspect of a regional primary in this regard,
the Secretary of State may consult with the chief election officers of
neighboring states which conduct a presidential primary election on the
fourth Tuesday in May. The Secretary of State shall publish the names
of such persons determined by him to be such candidates, together with
their party affiliation, not less than sixty (60) days prior to the
date of the presidential preference primary;
(b) if a petition for nomination meeting the requirements of subsection
3 of this section is filed with the Secretary of State by members of a
political party to which the candidate belongs;
(c) the petition referred to in subsection (b) hereof shall:
(1) have attached thereto a sheet or sheets containing the signatures
of at least a number of qualified electors equal to one percent of the
number of votes cast in this State for presidential electors at the
previous general election at which a President of the United States was
elected;
(2) be filed with the Secretary of State not later than thirty (30)
days prior to the date of the presidential preference primary;
(3) the format of the signature petition sheets shall be prescribed by
the Secretary of State and shall be patterned after, but not limited
to, such sheets as used for State initiative and referendum measures;
(4) the petitions and signatures so submitted shall be verified in the
manner prescribed in section 34-1807, Idaho Code (Sec. 34-732).
The Secretary of State shall forthwith notify each person whom he has
nominated and each such person nominated by petition in writing by
registered mail that such person's name will be printed as a candidate
on the Idaho presidential preference primary ballot. In the event the
Secretary of State is informed of a candidate's death or incapacity,
the Secretary of State may, in his sole discretion, remove the name of
such nominated candidate from the ballot, but not later than thirty
(30) days prior to said election. No declaration of candidacy or
affidavit of candidacy shall be required of any candidate as a
condition for printing the name of that candidate on the official
ballot used in the presidential preference primary (Sec. 34-733). At a
presidential preference primary, qualified electors may vote for
candidates for nomination for President of the United States from among
the candidates of one political party only. The elector shall be able
to cast his ballot for one of the presidential candidates of his party,
or for ``none of the names shown.'' A vote of the latter kind shall
express the preference for an uncommitted delegation from Idaho to the
national convention of that elector's party (Sec. 34-734).
c. statutory instructions
There shall be no unit rule applied to or by the delegation of any
party to the party's national convention. No party or delegation shall
commit or instruct delegates and alternates selected from that party's
candidates' lists of proposed delegates or selected as uncommitted
delegates and alternates. Other delegates shall be committed and/or
instructed as the party rules may provide (Sec. 34-736(9)).
ILLINOIS
Delegates to National Conventions:
Democratic: 189
Republican: 74
a. manner of selection
Not less than 61 days before the date of the primary the State Board of
Elections shall meet and shall examine all petitions filed under
Article 7, in the office of the State Board of Elections. The State
Board of Elections shall then certify to the county clerk of each
county, the names of all candidates whose nomination papers or
certificates of nomination have been filed with the board and direct
the County Clerk to place upon the official ballot for the general
primary election the names of such candidates in the same manner and in
the same order as shown upon the certification.
Selection of delegates and alternate delegates.
Delegates and alternate delegates to national nominating conventions
shall be chosen according to one of the following alternative methods
of allocating delegates for election. The State central committee of
each political party established pursuant to this Article 7 shall
certify to the State Board of Elections, not less than 30 days prior to
the first date for filing of petitions for election as delegate or
alternate delegate to a national nominating convention, which of the
following alternatives it wishes to be utilized in allocating the
delegates and alternate delegates to which Illinois will be entitled at
its national nominating convention. The State Board of Elections shall
meet promptly and, not less than 20 days prior to the first date for
filing of such petitions, shall publish and certify to the county clerk
in each county the number of delegates or alternate delegates to be
elected from each congressional district or from the State at large or
State convention of a political party, as the case may be, according to
the method chosen by each State central committee. If a State central
committee fails to certify to the State Board of Elections its choice
of one of the following methods prior to the aforementioned meeting of
the State Board of Elections, the State Board of Elections shall
certify delegates for that political party pursuant to whichever of the
alternates below was used by that political party in the most recent
year in which delegates were selected, subject to any subsequent
amendments.
Prior to the aforementioned meeting of the State Board of Elections at
which the Board shall publish and certify to the county clerk the
number of delegates or alternate delegates to be elected from each
congressional district or the State at large or State convention, the
Secretary of State shall ascertain from the call of the national
convention of each political party the number of delegates and
alternate delegates to which Illinois will be entitled at the
respective national nominating conventions. The Secretary of State
shall report the number of delegates and alternate delegates to which
Illinois will be entitled at the respective national nominating
conventions to the State Board of Elections convened as aforesaid to be
utilized by the State Board of Elections in calculating the number of
delegates and alternates to be elected from each congressional district
in the State at large or State convention, as the case may be (Sec. 5/
7-14.1).
Alternative A: The State Board of Elections shall allocate the number
of delegates and alternate delegates to which the State is entitled
among the congressional districts in the State.
(1) Of the number of delegates to which the State is entitled, 10, plus
those remaining unallocated under paragraph 2, shall be delegates at
large. The State central committee of the appropriate political party
shall determine whether the delegates at large shall be elected in the
primary from the State at large, selected by the State convention, or
chosen by a combination of these two methods. If the State central
committee determines that all or a specified number of the delegates at
large shall be elected in the primary, the committee shall file with
the Board a report of such determination at the same time it certifies
the alternative it wishes to use in allocating its delegates.
(2) All delegates other than the delegates at large shall be elected
from the congressional districts. Two delegates shall be allocated from
this number to each district. After reserving 10 delegates to be
delegates at large and allocating 2 delegates to each district, the
Board shall allocate the remaining delegates to the congressional
districts pursuant to the following formula:
(a) for each district, the number of remaining delegates shall be
multiplied by a fraction, the numerator of which is the vote cast in
the congressional district for the party's nominee in the last
presidential election, and the denominator of which is the vote cast in
the State for the party's nominee in the last presidential election;
(b) the Board shall first allocate to each district a number of
delegates equal to the whole number in the product resulting from the
multiplication procedure in subparagraph (a);
(c) the Board shall then allocate any remaining delegates, one to each
district, in the order of largest fractional remainder in the product
resulting from the multiplication procedure in subparagraph (1),
omitting those districts for which the product is less than 1.875;
(d) the Board shall then allocate any remaining delegates, one to each
district, in the order of the largest fractional remainder in the
product resulting from the multiplication procedure in subparagraph
(1), among those districts for which that product is at least one but
less than 1.875.
(e) any delegates remaining unallocated shall be delegates at large and
shall be selected as determined by the State central committee under
paragraph (a) of this Alternative A.
(3) The alternative delegates at large shall be allocated in the same
manner as the delegates at large. The alternative delegates other than
the alternate delegates at large shall be allocated in the same manner
as the delegates other than the delegates at large (Sec. 7-14.1)
Alternative B: The chairman of the State central committee shall file
with the State Board of Elections a statement of the number of
delegates and alternate delegates to which the State is entitled and
the number of such delegates and alternate delegates to be elected from
congressional districts. The State Board of Elections shall allocate
such number of delegates and alternate delegates, as the case may be,
among the congressional districts in the State for election from the
congressional districts (Sec. 5/7-14.1). (See the formulae for
determin ing the selection of delegates from each congressional
district in section 15/7-14.1)
Statements to be filed by delegates and alternate delegates:
(A) Except as otherwise provided in paragraph (C), a candidate for
delegate or alternate delegate to a national nominating convention
shall file with the State Board of Elections at the time of filing the
statement of candidacy described in Section 7-10, a statement declaring
the name of his preference for President of the United States or that
he is uncommitted.
(B) The following procedure shall apply to candidates for delegate or
alternate delegate to a national nominating convention of a political
party whose State Central Committee uses Alternative B of Section 7-
14.1. If more candidates for delegate or alternate delegate in a
congressional district than have been allocated to that district file
statements designating the same presidential candidate as their
preference for President of the United States, the presidential
candidate so designated or his authorized representative may, within 10
days after the last day for filing such statements, file an affidavit
designating which of such candidates he wants to be listed on the
ballot as being committed to the presidential candidate. Candidates for
delegate or alternate delegate not designated on an affidavit by the
presidential candidate shall be listed on the ballot as uncommitted. In
no event may the designated person's filing of the affidavit leave
fewer candidates listed on the ballot as being committed to him than
the number of delegates or alternate delegates allocated to the
district.
(C) The State central committee of a political party may choose to file
a statement with the State Board of Elections not less than 30 days
prior to the first day for filing the statement of candidacy described
in Section 7-10, specifying that a candidate for delegate or alternate
delegate shall not be required to file an official declaration
statement pursuant to this Section.
If the State central committee of a political party specifies that any
such official declaration statement is not required to be filed by the
candidates for delegates and alternate delegates to the national
nominating convention of any such political party, then no such
declaration statement shall be required to be made (Sec. 5/7-10.3).
b. presidential preference primary
Illinois will hold a presidential preference primary on March 21, 2000.
The presidential primary is an open type of primary. Any candidate for
President of the United States may have his name printed upon the
primary ballot of his political party by filing in the office of the
State Board of Elections not more than 99 and not less than 92 days
prior to the date of the March primary, in any year in which a
presidential election is to be held, a petition signed by not less than
3,000 or more than 5,000 primary electors, members of and affiliated
with the party of which he is a candidate, and no candidate for
President of the United States who fails to comply with the provisions
of this Article shall have his name printed upon a primary ballot
(Sec. 5/7-11).
c. statutory instructions
Unless the rules or policies of a national political party otherwise
provide, the vote for presidential candidate is advisory only, and
shall be for the sole purpose of securing an expression of the
sentiment and will of the party voters with respect to candidates for
nomination for said office, and the vote of the State at large shall be
taken and considered as advisory to the delegates and alternates at
large to the national conventions of respective political parties; and
the vote of the respective congressional districts shall be taken and
considered as advisory to the delegates and alternates of said
congressional districts to the national conventions of the respective
political parties (Sec. 7-11).
INDIANA
Delegates to National Conventions:
Democratic: 89
Republican: 55
a. manner of selection
Delegates and alternate delegates are elected at the State conventions
of political parties which received at least 2 percent of the vote cast
for Secretary of State at the last election (Indiana Statutes
Annotated, Sec. Sec. 3-8-4-1 and 3-8-4-13).
(b) Delegates to a state convention shall be chosen at the primary
election conducted by the political party on the first Tuesday after
the first Monday in May, 1998, and every two (2) years thereafter. If
provided in the rules of the state committee of the political party,
delegates may be elected from delegate districts in each county.
(c) Not later than noon, November 30, of the year preceding the year in
which the state convention is to be conducted, the state chairman of a
political party shall certify the following to the election division
and to each county committee of the party:
(1) The number of delegates to be elected in each county.
(2) Whether the delegates are to be elected from districts or at large
in each county.
(3) If a county is to elect delegates from districts, how many
districts must be established in each county.
(d) The county committee shall establish any delegate districts
required to be established under subsection (c) and file descriptions
setting forth the district boundaries with the county election board
not later than noon December 31 of the year preceding the year the
state convention is to be conducted. If the county committee does not
timely file district descriptions under this subsection, the county
election board shall establish districts not later than the first day
that a declaration of candidacy may be filed under IC 3-8-2-4, and
apportion the delegates to be elected from each district in accordance
with subsection (c). (Sec. 3-8-4-3).
Each major political party shall elect delegates from each county to
the party's State convention at the primary election (Sec. 3-101-4).
b. presidential preference primary
The presidential primary is on May 2, 2000. A candidate for nomination
for the office of President of the United States shall, no later than
noon seventy four (74) days, and no earlier than one hundred four (104)
days before the primary election held in the year in which a President
is to be elected, file with the Election Division a request that the
candidate's name be placed upon the ballot under the label of the
political party whose nomination the candidate is seeking (Sec. Sec. 3-
8-3-1, 3-10-1-3). A request must be accompanied by a petition signed by
at least five thousand (5,000) voters of the State, including at least
five hundred (500) voters from each congressional district. Each
petition must contain the following:
(1) The signature of each petitioner.
(2) The name of each petitioner legibly printed.
(3) The residence mailing address of each petitioner (Sec. 3-8-3-2).
Such a petition must request that the candidate's name be placed on the
ballot at the primary election. In order for the Secretary of State to
consider a petition valid, the circuit court clerk or board of
registration in the county where the petitioner is registered must
certify each petitioner is a voter of the county. The certification
must accompany and be part of the petition. If a county is part of more
than one (1) congressional district, the certificate must indicate the
number of petitioners from that county who reside in each congressional
district (Sec. 3-8-3-3). Such a petition must be submitted to the
circuit court clerk or board of registration during the period
beginning January 1 of the year in which the primary election will be
held and ending at noon ten days before the final date for filing a
declaration of candidacy under IC 3-8-2-4 for the primary election
(Sec. 3-8-3-4). Such a request or petition is not valid unless received
in the office of the Election Division by noon Indianapolis time on the
final day for filing a declaration of candidacy under IC 3-8-2-4 before
a primary election (Sec. 3-8-3-5). Immediately after the deadline for
filing, the Election Division shall certify and release to the public a
list of the candidates for each political party. The Election Division
shall also release to the public a list of all requests whose validity
is questioned (Sec. 3-8-3-6).
c. statutory instructions
A delegate or alternate delegate selected from a congressional district
to the national convention of a political party shall, on the first
ballot at the national convention, support the candidate for President
of the United States who received the highest number of votes in the
congressional district at the primary election if the person is in fact
a candidate at the convention. A delegate-at-large or alternate
delegate-at-large to the national convention is not required to support
a specific candidate for President on any ballot at the convention
(Sec. 3-8-3-11).
IOWA
Delegates to National Conventions:
Democratic: 56
Republican: 25
a. manner of selection
Delegates to the national conventions of the respective political
parties are selected by custom by State and congressional district
conventions comprised of delegates selected at county conventions, as
set forth in the party rules.
Delegates to county conventions of political parties and party
committee members shall be elected at precinct caucuses held not later
than the fourth Monday in February of each even-numbered year. The date
shall be at least eight days earlier than the scheduled date for any
meeting, caucus or primary which constitutes the first determining
stage of the presidential nominating process in any other State,
territory or any other group which has the authority to select
delegates in the presidential nomination. The State central committees
of the political parties shall set the date for their caucuses. The
county chairperson of each political party shall issue the call for the
caucuses. The county chairperson shall file with the commissioner the
meetingplace of each precinct caucus at least seven days prior to the
date of holding the caucus.
There shall be selected among those present at a precinct caucus a
chairperson and a secretary who shall within seven days certify to the
county central committee the names of those elected as party committee
members and delegates to the county convention.
The central committee of each political party shall notify the
delegates and committee members so elected and certified of their
election and of the time and place of holding the county convention.
Such conventions shall be held either preceding or following the
primary election but no later than ten days following the primary
election and shall be held on the same day throughout the State (Iowa
Code Annotated, Sec. 43.4).
Delegates shall be persons who are or will by the date of the next
general election become eligible electors and who are residents of the
precinct. The number of delegates from each voting precinct shall be
determined by a ratio adopted by the respective party county central
committees, and a statement designating the number from each voting
precinct in the county shall be filed by such committee not later than
the time the list of precinct caucus meetings is required to be filed
in the office of the commissioner. If the required statement is not
filed, the commissioner shall fix the number of delegates from each
voting district (Sec. 43.90). The State convention is held either
preceding or following the primary election at a time and place
designated by the State central committee (Sec. 43.107). There is no
specific statute governing selection of national convention delegates.
It is stated that ``the State central committee . . . may organize at
pleasure for political work as is usual and customary with such
committees'' (Sec. 43.111).
c. statutory instructions
None.
KANSAS
Delegates to National Conventions:
Democratic: 42
Republican: 35
a. manner of election
Delegates and alternates to a national party convention shall be
selected by a party at its State convention, or as the party rules
otherwise provide, from among: (a) the persons named on the lists of
proposed delegates and alternates to the national conventions file with
the Secretary of State by that party's respective candidate for
nomination by the party for President of the United States; and (b) the
persons selected by that party at its State convention, or as the party
rules otherwise provide, to compromise any uncommitted delegation.
(Kansas Statutes Annotated, Sec. 25-4507).
b. presidential preference primary
Kansas will hold a presidential preference primary on the first Tuesday
in April of the year 2000, and every fourth year thereafter. (April 4,
2000) (Sec. 25-4501). The presidential primary is an open type of
primary. The name of any candidate for a political party nomination for
president of the United States shall be printed on the ballots only if,
not later than twelve o'clock noon, February 12 prior to the
presidential preference primary or, if such date falls on Saturday,
Sunday or a holiday, not later than twelve o'clock noon the following
day that is not a Saturday, Sunday or holiday:
(1) The candidate files with the secretary of state a declaration of
intent to become a candidate accompanied by a fee of one hundred
dollars ($100); or
(2) There is filed in the office of secretary of state a petition in
the form prescribed by K.S.A. 25-205, signed by not less than one
thousand (1,000) registered electors, who are affiliated with the
political party of such candidate as shown by the party affiliation
list. The secretary of state shall determine the sufficiency of each
such petition, and such determination shall be final. (Sec. 25-
4502(b)).
Certification of election results to political party; selection of
delegates and alternates to national party, convention; binding of
delegates and alternates; adoption and filing of party rules.
(a) Upon completion of the state canvas of the results of the
presidential preference primary, the secretary of state shall certify
to the state chairperson of each political party participating in the
presidential preference primary the number of votes received by each
candidate of that party and the number of votes for an uncommitted
delegation received by that party.
(b) Each political party shall then select as many delegates and
alternates to the national party convention as are allotted to it by
the national committee of that party, according to K.S.A. 25-4506 and
this section, and amendments thereto.
(c) No later than 60 days following the presidential preference
primary, delegates and alternates to a national party convention shall
be selected by a party at its state convention, or as otherwise
provided by party rules adopted by the committees of the political
parties. The number of delegates and the number of alternates to a
national party convention shall be determined according to party rules.
Delegates and alternates to a national party convention shall be
selected in the manner prescribed by party rules. The binding of
delegates and alternates to a national party convention shall be
determined by party rules. All such rules shall be filed with the
secretary of state no later than January 2, 1992, and no later than
January 2 every fourth year thereafter. (Sec. 25-4507).
c. statutory instructions
None.
KENTUCKY
Delegates to National Conventions:
Democratic: 58
Republican: 31
a. manner of selection
No statutory provisions.
b. presidential preference primary
On the first Tuesday after the fourth Monday in May, in each
presidential election year, the Commonwealth of Kentucky shall conduct
presidential preference primary elections within each political party
(Kentucky Revised Statutes Annotated, Sec. 118.561. (May 23, 2000).
Kentucky presidential primary is a closed primary. (Sec. 118.571).
The State board of elections shall convene in Frankfort on the second
Tuesday in January preceding a presidential preference primary. At the
meeting required by this section, the board shall nominate as
presidential preference primary candidates all those generally
advocated and nationally recognized as candidates of the political
parties for the office of President of the United States. Immediately
upon completion of this requirement, the board shall transmit a list of
all such nominees selected to the Secretary of State and shall also
release the list to the news media. (Sec. 118.581.).
Before any candidate's name is placed upon the official ballot by the
Secretary of State for a presidential preference primary in the
Commonwealth, the candidate shall remit to the Secretary of State the
sum of one thousand dollars ($1,000), which shall be nonrefundable
unless no presidential primary is held. (Sec. 118.611.).
c. statutory instructions
A declaration that the results of the presidential preference primary,
in accordance with the division of votes reflected by the official
canvass, shall be the official vote cast by each political party at its
national convention, on the first ballot only, and shall be designated
by KRS 118.551 to 118.651 as an automatic vote, expressing the will of
the people of the Commonwealth of Kentucky. After the vote on the first
ballot by the political party at its national convention, as required
by this section, all responsibility under KRS 118.551 to 118.651 shall
terminate and further balloting shall be the prerogative of the
political parties as might be prescribed by the rules of such political
parties. (Sec. 118.631.).
LOUISIANA
Delegates to National Conventions:
Democratic: 74
Republican: 28
a. manner of selection
At least 90 days before a presidential preference primary election, the
State governing body of each eligible political party shall establish
procedures to be followed in the selection of individual delegates and
alternates to the convention of that party, including procedures for
the selection of committed and uncommitted delegates (Louisiana Revised
Statutes, title 18, Sec. 1280.27(A), Supp. A recognized political party
shall be controlled and directed by one State central committee and a
parish executive committee for each parish (Sec. 442). Delegates shall
be allocated among the presidential candidates according to the results
of the presidential primary and according to the guidelines of the
political parties (Sec. 1280.27(B), Supp.). Louisiana will have a
presidential preference primary on the second Tuesday in March
(Sec. 1280.21, Supp.) (March 14, 2000).
b. presidential preference primary
A statewide presidential preference primary election shall be held on
the second Tuesday in March in 2000 (March 4, 2000) for the purpose of
allowing the electors of each political party in the State which has
forty thousand or more registered members to express their preference
for a person to be the nominee of the party for President of the United
States. Each elector voting in such election may vote only for a
candidate who is affiliated with the same party as the elector.
Notwithstanding any provisions of this Code to the contrary, in any
statewide presidential preference primary election, at any precinct
where the presidential preference issue or election of political
party officials or both are the only matters on the ballot, the number
of election commissioners required in such precinct shall be one
commissioner-in-charge and two commissioners (Sec. 1280.21, Supp.).
Candidates for presidential nominee shall qualify in accordance with
procedures established by the party. Prior to qualification as a
candidate of a political party for presidential nominee, a person shall
pay a qualifying fee of $750 or shall have obtained a nominating
petition, bearing the signatures of no less than one thousand
registered voters affiliated with the party from each of the
congressional districts into which the state is divided. The qualifying
period for presidential candidates shall open on the last Wednesday in
January and shall close at 5:00 p.m. on the following Friday. During
the qualifying period, presidential candidates shall file notices of
candidacy with the Secretary of State. Each sheet of a nominating
petition shall set forth the name of the presidential candidate, as it
shall appear on the election ballot, the address of the candidate, the
political party with which he is affiliated, and the date of the
presidential primary.
Each voter who signs a nominating petition shall include his name and
residence address. All persons who obtained signatures shall certify
that to the best of their knowledge, information, and belief all of the
signatures on the nominating petition are genuine, and all of the
statements contained in the petition are true and correct. A nominating
petition shall be submitted to the registrars of voters in the parishes
where the signers reside not less than thirty days before the end of
the qualifying period. The registrar for each parish shall endorse upon
the nominating petitions, whether original or supplemental, the date
and time of submission and shall promptly certify the nominating
petitions, in the order received, by determining and certifying on each
nominating petition which of the signers are registered to vote in the
parish. A registrar may stop certifying the signatures on a nominating
petition when the total number of the signers he has certified as
having signed the petition timely and as being registered to vote
equals 15% more than the number of registered voters required from the
congressional district. A registrar's certification shall be conclusive
as to number of qualified voters who timely signed a nominating
petition, and evidence to the contrary shall not be admitted in an
action objecting to the candidacy of a presidential candidate filing
the nominating petition. (Sec. 1280.22, Supp.).
At least ninety days prior to a presidential preference primary
election, the State governing body of each eligible political party
shall establish procedures to be followed in the selection of
individual delegates and alternatives to the convention of that party,
including procedures for the selection of committed and uncommitted
delegates. Delegates shall be allocated among the presidential
candidates according to the results of the presidential primary and
according to guidelines established by the governing bodies of the
respective parties (Sec. 1280.27, Supp.).
c. statutory instruction
None.
MAINE
Delegates to National Conventions:
Democratic: 32
Republican: 14
a. manner of selection
Delegates must be selected by state parties meeting in convention
pursuant to subchapter I, article III, at any time after the
presidential preference primary election. (Maine Revised Statutes
Annotated, Title 21-A, Sec. 415.1, Supp.).
b. presidential preference primary
When the state committee of a political party certifies that there is a
contest among candidates for nomination as the presidential candidate
of the party and has notified the State of its intent to participate in
a presidential election, the State shall hold a presidential primary
election.
The presidential preference primary election must be held on the first
Tuesday in March of the presidential election year (March 7, 2000).
(Sec. 411, Supp.).
The ballot must include the name of any person who is a member of a
political party that has qualified to participate in a primary election
under subchapter I and who has filed a petition with or paid a filing
fee to the Secretary of State pursuant to the requirements of section
412, subject to challenge and appeal under section 337. (Sec. 414,
Supp.).
A candidate for the office of president must either file a petition or
pay a filing fee to the Secretary of State for that candidate's name to
be placed on the ballot.
A candidate for the office of president who does not pay a filing fee
to the Secretary of State pursuant to subsection 2 must file with the
Secretary of State a petition with at least 2,000 and not more than
3,000 voters' signatures. By July 1st of the year preceding each
presidential election year, the Secretary of State shall prepare and
make available petitions for circulation by persons desiring to be
contestants in the state presidential preference primary of any party.
The petitions must meet the requirements of sections 335 and 336,
excluding section 335, subsections 6 and 8, and must be filed by
December 1st in the year next prior to the year of the presidential
preference primary election.
A candidate for the office of president who does not file a petition
with the Secretary of State pursuant to subsection 1 must pay a $2,500
filing fee to the Secretary of State. A candidate must pay the filing
fee at the time that candidate files the required written statement of
intent and no later than December 1st in the year next prior to the
year of the presidential preference primary (Sec. 412, Supp.).
c. statutory instructions
Delegates to the national convention must be allocated proportionally
among the candidate votes and the uncommitted votes cast in the
presidential preference primary election of the party.
A delegate elected as an uncommitted delegate may support any
presidential candidate at any time and may change support for this
candidate in the delegate's sole discretion.
A delegate elected for a particular presidential candidate according to
the proportional allocation specified by this section shall vote for
that candidate on the first ballot at the national nominating
convention, unless the candidate for whom a particular delegate is
elected specifically withdraws, as verified by the chair of the
national party, from consideration for the presidential nomination at
any time before the first ballot at the national nominating convention.
In the event of such a withdrawal, delegates elected for that
particular candidate become uncommitted delegates. (Sec. 415, Supp.).
MARYLAND
Delegates to National Conventions:
Democratic: 92
Republican: 31
a. manner of selection
The total number of delegates and alternate delegates to represent the
political parties at their national conventions shall be ascertained
and determined by the governing body of each party and certified to the
State Administrative Board of Election Laws not later than the first
day of January in each year in which national conventions for the
nomination of President and Vice President are held (Annotated Code of
Maryland, Art. 33, Sec. 12-1a).
b. presidential preference primary
Maryland will have a presidential preference primary on the first
Tuesday in March (March 7, 2000) (Sec. 5-2). The presidential primary
is a closed primary.
(1) By direction of the Secretary of State who shall place the name of
the candidate for the Democratic party nomination on the ballot on the
first regular business day in the year in which the President is
elected and the name of a candidate for nomination by any other party
on the ballot no sooner than 90 days nor later than 70 days preceding
the date set by law for the primary election. The Secretary shall place
the name of a presidential candidate on the ballot when the Secretary's
sole discretion that the candidate's candidacy is generally advocated
or recognized in the news media throughout the United States or in
Maryland, in accordance with the national party rules, unless the
candidate executes and files with the Secretary of State an affidavit
stating without qualification that he is not and does not intend to
become a candidate for the office in the Maryland primary election; or
(2) By making the payment required and by filing with the State
Administrative Board of Election Laws a petition in the form prescribed
by the State Administrative Board of Election Laws which shall contain
the signatures of not less than 400 of the registered voters within
each congressional district. For candidates for the nomination of the
Democratic party, the payment and filing must be made not later than 9
p.m. on the day which is one week later than the first regular business
day of the year in which the President of the United States is elected.
For candidates for the nomination of any other party, the payment and
filing must be made at least 70 days preceding the date set by law for
the primary election. Nothing in this section shall require compliance
with Sec. 7-1 of this article (Sec. 12-6.).
c. statutory instructions
Democrats:
Delegates to reflect sentiments of those who elected them: Delegates
elected to the Democratic National Convention, either uncommitted or
pledged to a presidential candidate, shall in all good conscience
reflect the sentiments of those who elected them.
Notwithstanding any provisions of law to the contrary, delegates
elected to the Democratic National Convention shall vote in accordance
with party rules (Sec. Sec. 12-2, 12-3).
Republicans:
The Republican State Central Committee shall certify to the State
Administrative Board of Election Laws the number of delegates to be
elected from each congressional district and the number of delegates to
be elected at large, respectively, as provided in the rules of the
Republican national convention, not later than the first day of January
in each year in which national conventions for the nomination of
President and Vice-President are held (Sec. 12-4).
MASSACHUSETTS
Delegates to National Conventions:
Democratic: 118
Republican: 37
a. manner of selection
In any year in which candidates for presidential electors are to be
elected, the selection of delegates and alternate delegates to national
conventions of political parties shall be by that system adopted by the
State committee, provided such system shall not include the placing of
the names of delegates on the presidential primary ballot; and
provided, further, that the distribution of delegates under any such
system shall reflect the preference expressed by the voters on the
presidential preference portion of the ballot at the presidential
primary. The system adopted by the State committee shall be set forth
in written rules and procedures covering all aspects of the delegate
selection process and a copy of such rules and procedures shall be
filed with the Secretary of State on or before October first of the
year preceding the year in which presidential electors are to be
elected. The number of district delegates and alternate district
delegates, not less than two from each congressional district, and the
number of delegates and alternate delegates at-large shall be fixed by
the State committee, who shall give notice thereof to the Secretary of
State on or before the first Tuesday in January (Massachusetts General
Laws Annotated, ch. 53, Sec. 70B). A presidential preference primary
shall be held on the first Tuesday in March (March 7, 2000) (Sec. 28,
Supp.). The presidential primary is an open primary.
b. presidential preference primary
The primary shall be held on the first Tuesday in March in any year in
which presidential electors are to be elected (ch. 53, Sec. 28, Supp.).
The presidential primary date is set by statute for March 7, 2000.
The Secretary of State shall cause to be placed on the official ballot
for use at presidential primaries, under separate headings, and in the
following order: the names of those candidates or potential candidates
for the office of President of the United States whom he shall have
determined to be generally advocated or recognized in national news
media throughout the United States; the names of any other candi-
dates or potential candidates for nomination for President whose names
are proposed therefor by nomination papers prepared and furnished by
the Secretary of State, signed in the aggregate by at least twenty-five
hundred voters; and the names of those candidates or potential
candidates for nomination for President whose names appear on written
lists signed by the chairman of the State committees of the political
parties, arranged in such order as may be determined by lot under the
direction of the Secretary of State, a blank space in which the voter
may, if he does not vote for any of the candidates for President whose
names are printed on the ballot, insert the name of any person of his
choice as a candidate for President, and a blank space in which a voter
may vote no preference. A vote for no preference and for a candidate
whose name has been inserted by the voter shall be counted as a vote
for that candidate. The chairman of the State committee of a political
party and the Secretary of State shall submit lists or prepare lists of
candidates for President, as aforesaid, no later than the first Friday
in January, and shall notify each such candidate forthwith, by
registered mail, of the presence of his name on said lists. No name
shall be removed from said lists, nor from the ballot, unless such
candidate shall file with the Secretary of State an affidavit stating
that he does not desire his name printed upon said ballot at the
forthcoming presidential primary. Such affidavit shall be filed with
the Secretary of State no later than five o'clock p.m. on the second
Friday in January (Sec. 70E). There shall also be printed on the ballot
appropriate instructions to aid the voter with respect to expressing
his preference for a candidate for nomination as President (ibid.).
c. statutory instructions
If there is a roll call vote as the national convention of a political
party, all delegates and alternate delegates whose selection is subject
by party rule to the approval of a presidential candidate shall vote on
the first such roll call for that presidential candidate unless
released by such candidate (Sec. 70 I).
MICHIGAN
Delegates to National Conventions:
Democratic: 157
Republican: 58
a. manner of selection
The allotment of delegates to all precincts in the State shall be made
to ensure, as near as is practicable, equal apportionment based upon
the total vote cast for the candidate of each political party for
either President of the United States or Secretary of State; however,
each precinct is to have at least one delegate (Michigan Compiled Laws
Annotated, Sec. 168.623a(3)(4)).
The allocation of all delegates and alternates to a national convention
shall be made by the State central committee of each party and shall be
certified to the Secretary of State. A minimum of two-thirds of the
State's delegates shall be allocated to congressional districts and at
least two delegates shall be allocated to each district. All delegates
shall be registered electors of the State. Delegates elected from
congressional districts shall be registered electors of those
districts. All national convention delegates shall be chosen according
to procedures and any other qualifications, as may be established by
the State central committee of that political party. Such procedures
and qualifications may include, but are not necessarily limited to,
guarantees that discrimination on the basis of race, creed, color, sex,
age, national origin or economic status does not occur (Sec. 168.618,
Supp.).
National convention delegates elected pursuant to law shall be elected
on a basis that ensures that the proportion of the total national
convention delegation that is uncommitted or is committed to each
presidential candidate equals, as near as is practicable the proportion
of the popular vote that was case as uncommitted or for each respective
presidential candidate of the particular political party's total
popular vote. The determination of these proportions shall only include
the votes cast as uncommitted, or for a particular presidential
candidate, if the total vote cast as uncommitted, or for that
particular presidential candidate, equals at least the percentage
determined by state political party rule of the total vote cast for all
presidential candidates or as uncommitted for that political party.
All the national convention delegates shall be bound to vote for the
presidential candidate for whom they designated commitment, if any,
when they were elected as national delegates, until the end of the
second ballot at the national convention, until released from that
commitment by the withdrawal of that presidential candidate from
contention for the party's nomination or by written release of that
presidential candidate to the chairman of the national convention,
whichever is earliest.
If a vacancy occurs in the elected delegation, it shall be filled by an
alternate selected by the caucus for the candidate to whom the original
delegate was committed, and the alternate shall be required to meet the
same qualifications of the delegate being replaced.
A person who is a delegate to a State or county convention of his or
her political party only by virtue of being a member of the state
legislature in such capacity shall not participate in the selecting of
delegates to his or her political party's national convention. Neither
this provision nor any other provision of law shall be understood to
restrict the opportunity of any registered elector in the State,
including all public officials, to be elected as a delegate to any
county, district, state, or national convention of the elector's
political party (Sec. 168.619, Supp.).
b. presidential preference primary
(1) A statewide presidential primary election shall be conducted under
this act on the third Tuesday in March in each presidential election
year (March 21, 2000). A political party that received 5% or less of
the total vote cast nationwide for the office of president in the last
presidential election shall not participate in the presidential primary
election (Sec. 168.613a, Supp.). The presidential primary is a closed
primary.
Not later than 4 p.m. of the second Friday in December of the year
before the presidential election, the secretary of state shall issue a
list of the individuals generally advocated by the national news media
to be potential presidential candidates for each party's nomination by
the political parties for which a presidential primary election will be
held. Not later than 4 p.m. of the Tuesday following the second Friday
in December of the year before the presidential election, the state
chairperson of each political party for which a presidential primary
election will be held under section 613a shall file with the secretary
of state a list of individuals whom they consider to be potential
presidential candidates for that political party. After the issuance of
the list under subsection (1) and after receipt of names from the state
chairperson of each political party under subsection (2), the secretary
of state shall notify each potential presidential candidate on the
lists of the provisions of this act relating to the presidential
primary election (Sec. 168.613a, Supp.).
Not later than 4 p.m. of the second Friday in December of the year
before the presidential election, the secretary of state shall issue a
list of the individuals generally advocated by the national news media
to be potential presidential candidates for each party's nomination by
the political parties for which a presidential primary election will be
held under section 613a. Not later than 4 p.m. of the Tuesday following
the second Friday in December of the year before the presidential
election, the state chairperson of each political party for which a
presidential primary election will be held under section 613a shall
file with the secretary of state a list of individuals whom they
consider to be potential presidential candidates for that political
party. After the issuance of the list under subsection (1) and after
receipt of names from the state chairperson for each political party
under subsection (2), the secretary of state shall notify each
potential presidential candidate on the lists of the provisions of this
act relating to the presidential primary election (168.614a, Supp.).
Except as provided in this section, the secretary of state shall cause
to be printed on the ballots for the presidential primary under the
appropriate political party heading the name of a presidential
candidate notified by the secretary of state under section 614a who has
filed with the secretary of state an affidavit indicating his or her
party preference and willingness to have his or her name printed on
that party's ballot. The affidavit shall be filed with the secretary of
state no later than 4 p.m. on the second Friday in January in a
presidential election year. The name of an individual who is not listed
as a potential presidential candidate under section 614a shall be
printed on the ballot for the presidential primary for the appropriate
political party if he or she files an affidavit as required in
subsection (1) and files a nominating petition with the secretary of
state no later than 4 p.m. on the second Friday in January in a
presidential election year. The nominating petition shall contain valid
signatures of registered and qualified electors equal to not less than
\1/2\ of 1 percent of the total votes cast in the state at the previous
presidential election for the presidential candidate of the political
party for which the individual is seeking this nomination. However, the
total number of signatures required on a nominating petition under this
subsection shall not exceed 1,000 times the total number of
Congressional districts in this state. A signature on a nominating
petition is not valid if obtained before November 1 of the year before
the presidential election year in which the individual seeks
nomination. The nominating petitions shall conform to the requirements
of this act regarding nominating petitions which requirements are not
inconsistent with this subsection. The names of the presidential
candidates shall be rotated on the ballot. The ballot shall contain a
space for an elector to vote uncommitted (168.615a, Supp.).
c. statutory instructions
All of the national convention delegates shall be bound to vote for the
presidential candidate for whom they designated commitment, if any,
when they were elected as national delegates, until the end of the
first ballot at the national convention, or until released from that
commitment by the withdrawal of that presidential candidate from
contention for that party's nomination, or by written release of that
presidential candidate to the chairperson of the national convention,
whichever is earliest (Sec. 168.619(2), Supp.).
MINNESOTA
Delegates to National Conventions:
Democratic: 91
Republican: 34
a. manner of selection
The final authority over the affairs of each political party is vested
in the party's State convention to be held at least once every general
election year at the call of the State central committee. Subject to
the control of the State convention, the general management of the
affairs of the State party is vested in the party's State central
committee (Minnesota Statutes Annotated, Sec. 202A.12).
The rules of each political party shall provide that for each
congressional district and each county or legislative district a
convention shall be held at least once every general election year.
Each major political party shall also provide for each congressional
district and each county or legislative district an executive committee
consisting of a chair and such other officers as may be necessary. The
party rules may provide for only one executive committee and one
convention where any county and congressional district have the same
territorial limits (Sec. 202A.13).
At 7:00 p.m. on the first Tuesday in March in every general election
year a party caucus is to be held for every election precinct
(Sec. 202A.14, Supp.).
b. presidential preference primary
None.
c. statutory instructions.
None.
MISSISSIPPI
Delegates to National Conventions:
Democratic: 46
Republican: 33
a. manner of selection
The State executive committee of each political party shall determine
the method and procedures by which delegates and delegate alternates to
the national nominating conventions are to be selected as well as adopt
any other rule not inconsistent with this chapter. The State executive
committee of the political party shall establish, at least ninety (90)
days prior to the second Tuesday in March in years in which a
presidential election is held, procedures to be followed in the
nomination of candidates for delegates and delegate alternates to the
nominating convention of the political party. (Mississippi Code
Annotated, Sec. 23-15-1055.)
b. presidential preference primary
The State of Mississippi will have a presidential preference primary on
March 14, 2000. Each political party which has cast for its candidates
for President and Vice President in the previous presidential election
more than twenty percent (20%) of the total vote cast for President and
Vice President in the State, may conduct a presidential preference
primary. No elector shall vote in the primary of more than one (1)
political party in the same presidential preference primary (Sec. 23-
15-1081). The presidential primary is an open primary.
The Secretary of State shall place the name of a candidate upon the
presidential preference primary ballot when the Secretary of State
shall have determined that such a candidate is generally recognized
throughout the United States or Mississippi as a candidate for the
nomination of President of the United States.
On or before December 15 immediately preceding a presidential
preference primary election, the Secretary of State shall publicly
announce and distribute to the news media for publication a list of the
candidates he intends to place on the ballot at the following
presidential preference primary election. Following this announcement
he may add candidates to his selection, but he may not delete any
candidate whose name appears on the announced list, unless the
candidate dies or has withdrawn as a candidate (Sec. 23-15-1089).
Any person desiring to have his name placed on the presidential
preference primary ballot shall file a petition or petitions in support
of his candidacy with the State executive committee of the appropriate
political party after January 1 of the year in which the presidential
preference primary is to be held and before January 15 of that same
year. To comply with this section, a candidate may file a petition or
petitions signed by a total of not less than five hundred (500)
qualified electors of the State, or petitions signed by not less than
one hundred (100) qualified electors of each congressional district of
the State, in which case there shall be a separate petition for each
congressional district. The petitions shall be in such form as the
State executive committee may prescribe; provided, that there shall be
a space for the county of residence of each signer next to the space
provided for the signature. No signature may be counted as valid unless
the county of residence of the signer is provided. Each petition shall
contain an affirmation under the penalties of perjury that each signer
is a qualified elector in his congressional district or in the state,
as appropriate (Sec. 23-15-1093).
c. statutory instructions
None.
MISSOURI
Delegates to National Conventions:
Democratic: 92
Republican: 35
a. manner of selection
The State of Missouri will be holding its presidential preference
primary on March 7, 2000. The state party organization which is the
state organization recognized by the national organization of that
established political party shall, after the primary and before the
national convention, conduct a series of caucuses culminating in
congressional and state conventions. Delegates to the national
conventions shall be chosen at the congressional district and state
conventions pursuant to rules established by the political parties
(Vernon's Annotated Missouri Statutes, Sec. 115.776).
b. presidential preference primary
A statewide presidential preference primary shall be held on the first
Tuesday after the first Monday in March of each presidential election
year (Sec. 115.755) (March 7, 2000). On or before the tenth Tuesday
prior to the date of the primary, the Secretary of State shall announce
the official list of presidential candidates for each established
political party (Sec. 115.758). This official list shall include the
names of all qualified candidates who file with the Secretary of State,
on or after 8:00 a.m. on the fifteenth Tuesday prior to the
presidential primary, and on or before 5:00 p.m., on the eleventh
Tuesday prior to the primary, a written request to be included on the
primary ballot along with either a receipt from the candidate's
political party for the payment of a $1000.00 filing fee or a sworn
statement of inability to pay the fee and a qualifying petition signed
by five thousand registered voters (Sec. 115.761). The names of the
candidates shall appear on the primary ballot in the order in which
their request to be included on the ballot was received in the office
of the Secretary of State, except that, in the case of candidates who
file a request to be included on the ballot before 5:00 p.m. on the
first day for filing, the Secretary of State shall determine by random
drawing the order in which such candidates' names shall appear on the
ballot (Sec. 115.765). In a presidential preference primary, each voter
shall be entitled to receive the ballot of one and only one established
political party, designated by the voter before receiving such voter's
ballot (Sec. 115.770). Each election authority shall cause the names of
candidates certified by the Secretary of State to appear on the
presidential preference primary ballot of each party, followed by a
listing for an uncommitted vote (Sec. 115.767). After the count and
canvass of the votes cast, the Secretary of State shall notify the
state chair of each established political party for whom a candidate
was listed, of the number of votes recorded in that party's primary for
each candidate and uncommitted listing.
c. statutory instructions
Each national convention delegate and alternate shall be bound to vote
for the candidate for whom he designated commitment, if any, when he
was selected as a delegate or alternate until that or another candidate
received the party's nomination, two ballots have been taken or that
candidate withdraws, suspends his campaign, releases his delegates, or
receives less than fifteen percent of the votes cast on the first
ballot, whichever first occurs. Each delegate and alternate, within ten
days after accepting selection as a delegate or alternate, shall file
with the Secretary of State his sworn pledge that he will abide by the
provisions of sections 115.750 to 115.785. If the rules of the national
committee of an established political party prohibit any delegate from
being bound to cast his or her vote for a candidate, then the
provisions of the national committee rules shall govern (Vernon's
Annotated Missouri Statutes Sec. 115.780).
MONTANA
Delegates to National Conventions:
Democratic: 24
Republican: 23
a. manner of selection
Each political party has power to make its own rules, provide for and
select its own officers, call conventions and provide for the number
and qualifications of delegates, adopt platforms, provide for selection
of delegates to national conventions, provide for the nomination of
presidential electors, provide for the selection of national
committeemen and women, make nominations to fill vacancies occurring
among its candidates nominated for offices to be filled by the State at
large or by any district consisting of more than one county where such
vacancies are caused by death, resignation or removal from the
electoral district, and perform all other functions inherent in such an
organization (Montana Code Annotated Sec. 13-38-101). Each political
party shall elect at each primary election one man and one woman who
shall serve as committeemen for each election precinct (Sec. 13-38-
201)). The committeemen in each precinct shall constitute the county
central committee of the respective political parties (Sec. 13-38-
202(2)).
b. presidential preference primary
In the years in which a President of the United States is to be
elected, a presidential preference primary election will be held on the
first Tuesday after the first Monday in (Sec. Sec. 13-10-107(1), 13-
10-401) June (June 6, 2000). The presidential primary is an open
primary. The primary results are advisory only (Sec. 13-10-407). The
regular party primary ballots shall be used for the presidential
preference primary election. The presidential section of the ballot
shall be placed before any other section, national, state, or local
(Sec. 13-10-402). The presidential preference ballot shall list all
candidates nominated in accordance with the provisions of this part and
shall, in addition, include a presidential ballot position which shall
be designated as ``no preference'' and a blank write-in space (Sec. 13-
10-403).
Before a presidential candidate may qualify for placement on the
ballot, he must either be nominated on petitions with the verified
signatures of at least 500 qualified electors, for which the Secretary
of State is empowered to prescribe the form and content, or have
submitted a declaration for nomination to the Secretary of State
pursuant to Sec. 13-10-201, where the Secretary of State has
determined, by the time that declarations for nomination are to be
filed, that the candidate is eligible to receive payments pursuant to
the federal Presidential Primary Matching Payment Account Act, 26
U.S.C. 9031, et seq., or done both (Sec. 13-10-404). Declarations for
nomination must be filed no sooner than 135 days before the election in
which the office first appears on the ballot and no later than 5 p.m.,
75 days before the date of the primary election (Sec. 13-10-201(6)).
The filing period opens at 8:00 a.m., January 24, 2000 and closes at
5:00 p.m., March 23, 2000. Petitions of nomination for the presidential
preference primary election must be presented to the election
administrator of the county in which the signatures are gathered. The
election administrator must verify the signatures and must forward the
petitions to the Secretary of State. The petitions must be submitted to
the election administrator at least before the filing deadline. No
filing fee is required (Sec. 13-10-405). The method of selection of
delegates to national presidential nominating conventions is to be set
by party rules. The use of the results of the presidential preference
primary election by the political parties in their delegation selection
systems is discretionary and is to be determined by party rules
(Sec. 13-10-407).
c. statutory instructions
None.
NEBRASKA
Delegates to National Conventions:
Democratic: 32
Republican: 30
a. manner of selection
In each presidential election year, the total number of delegates
representing the State at each convention shall be determined by the
rules of the national political party holding the convention (Revised
Statutes of Nebraska, Sec. 32-542).
Nominating papers of candidates for national convention delegate or
alternate positions must be filed with the Secretary of State at least
60 days prior to the primary (Sec. Sec. 32-512, 32-514).
The petition for nomination of a candidate for election as a delegate
shall (1) contain a statement of the candidate's preference for the
candidacy for the office of President or that he is uncommitted, which
preference or the fact that the candidate is uncommitted shall be shown
on the ballot in parenthesis and indented five spaces immediately below
the name of the candidate, and (2) include a pledge that the candidate,
if elected, will use his best efforts at the convention for the
candidate of his party indicated as his preference for the office of
President until the such candidate receives less than 35 percent of the
votes for nomination by such convention or releases the delegate from
such pledge, or until two convention nominating ballots have been
taken. No such nominating petition shall be accepted unless signed by
the candidate (Sec. 32-504.01).
A statement setting forth the procedure for selection of delegates and
alternates and certifying its adoption shall be filed in the office of
the Secretary of State by the State chairman of the party, not later
than February 15 of each presidential election year. The names of those
selected as alternate delegates shall be certified to the Secretary of
State by the State chairman immediately following their selection
(Sec. 32-542.02).
Ballots for delegates to national political conventions shall be
printed in separate ballots of different color than ballots for the
primary election and in form as determined by the Secretary of State
(Sec. 32-420.02).
b. presidential preference primary
In each presidential election year, the primary shall be held on the
first Tuesday after the second Monday in May, at which time a
preference vote for President shall be had (May 9, 2000) (Sec. 32-506).
A party voter may express his choice for one candidate for nomination
for President either:
(a) by writing the name of the person of his choice for President in
the blank space to be left upon the ballot for such purpose and making
a cross or mark in the square opposite the written name; or
(b) by making a cross or mark opposite the printed name, of the person
of his choice, as in the case of the other nominations (Sec. 32-509).
The names of persons to be voted upon for President shall be printed on
the primary ballot on the petition of their political supporters in
Nebraska, such petition to contain the names of not less than 100
electors of each congressional district. The candidates themselves
shall not sign the petition or acceptance (Sec. 32-510).
However, the candidate in order to have his name placed upon the
primary ballot must file written consent with the Secretary of State
not less than 60 days before the primary election (Sec. 32-510).
In addition, the names of persons in the political party who shall have
been determined by the Secretary of State, in his sole discretion, to
be generally advocated or recognized as candidates in national news
media throughout the United States shall be printed on the party
primary ballot (Sec. 32-511).
If a person does not want his name on the Nebraska primary ballot, he
must execute and file an affidavit with the Secretary of State stating
without qualification that he is not now and does not intend to become
a candidate for office of President at the forthcoming presidential
election (Sec. 32-511).
The ballots in the presidential preference primary shall be marked, the
votes shall be counted, canvassed, and returned, and the sufficiency of
the petitions shall be determined by the laws of Nebraska governing
party nominations for the office of Governor as far as the same are
applicable (Sec. 32-511).
c. statutory instructions
A candidate for delegate to the national convention in the petition for
nomination pledges that, if elected, he will use his best efforts at
the convention of his party for the candidate of his party indicated as
his preference for the office of President until such candidate
receives less than 35 percent of the votes for nomination by such
convention or releases the delegate for such pledge, or until two
convention nominating ballots have been taken (Sec. 32-504.01).
NEVADA
Delegates to National Conventions:
Democratic: 30
Republican: 17
a. manner of selection
Delegates and alternates to national conventions of the political
parties are selected by the State conventions of the respective
political parties. The State convention shall also, if consistent with
the rules and regulations of the party, select the national
committeeman and committeewoman of the party. In presidential election
years, on the call of a national party convention, but one set of party
conventions and but one state convention shall be held on such
respective dates and places as the State central committee of the party
shall designate; or if an earlier date is not designated, then 30 days
prior to the date set for the national convention (Nevada Revised
Statutes, Sec. 293.163).
At a time and date set by the respective State central committees in
each year in which a general election is to be held, the delegates so
elected to each party county convention shall convene as the county
central committee shall designate, and there organize, elect the
delegates to which the registered voters of the party residing in the
county are entitled in the state convention of the party, and also
elect the members of the county central committee of their party for
the ensuing term (Sec. 293.140).
The number of delegates to the State convention of each party which
shall be chosen at each county convention of such party shall be one
delegate for each 150 registered voters of that party, or major
fraction of such number residing in such county; but each county shall
be entitled to at least one such delegate (Sec. 293.145).
Delegates to county conventions are elected by ballot at mass meetings
in each voting precinct. The county central committees of the political
parties call for mass precinct meetings to be held on or before the
fifth day preceding the dates set by the respective State central
committees for the holding of county conventions (Sec. Sec. 293.130,
293.133, 293.135, 293.140, 293.163).
b. presidential preference primary
None.
c. statutory instructions
None.
NEW HAMPSHIRE
Delegates to National Conventions:
Democratic: 29
Republican: 17
a. manner of selection
At every presidential primary election, the voters of the State shall
vote their preference for party candidates for President and, thereby
choose the delegates to each presidential nominating convention to
which the State is entitled (New Hampshire Revised Statutes Annotated,
Sec. 653:5) (Primary date, February 1, 2000).
Each presidential candidate who has filed pursuant to Revised Statutes
Annotated, Sec. 655:47 shall file with the Secretary of State between
the first Monday in December and the first Monday after the first
Wednesday in January before the presidential preference primary the
names, addresses in alphabetical order of the delegates and their
alternates who shall represent him as his delegation to the national
convention (Sec. 655:50). Declarations of candidacy by presidential
candidates are to be filed with the Secretary of State between the
first Monday and the third Friday in the November before the
presidential primary (Sec. 655:47).
All delegates and their alternates selected by each candidate in the
presidential primary shall file with the Secretary of State the
following certification:
I, ----------, certify that my domicile is in ward ------ in the city
(or town) of --------, county of --------, State of New Hampshire, and
am a qualified voter therein; that I am a registered member of the ----
---- Party; that, if selected, I shall serve as delegate or alternate
to the national convention of the ---------- Party next to be held for
the nomination of candidates of said party for President and Vice
President of the United States. I further certify that, if selected as
delegate or alternate delegate, I will attend such convention unless I
shall be prevented by sickness or other occurrence over which I have no
control. I pledge myself, if selected as delegate or alternate delegate
to said convention, whenever I shall vote, to vote for the nomination
of (inserting the name of any person) as the candidate for said party
for President so long as he shall be a candidate before said convention
(Sec. 655:51).
b. presidential preference primary
The presidential primary election shall be held on the second Tuesday
in March or on a Tuesday selected by the Secretary of State which is 7
days or more immediately preceding the date on which any other State
shall hold a similar election, whichever is earlier, of each year when
a President of the United States is to be elected. The primary shall be
held in connection with the regular March town meeting or election or,
if held on any other day, at a special election called by the Secretary
of State for that purpose (Sec. 653:9). The date set for the
presidential primary in 1992 is February 1, 2000. The presidential
primary is an open primary in which independent voters may participate
if party rules permit (Sec. 659:14).
A declaration of candidacy must be filed by presidential candidates
desiring to enter the primary with the Secretary of State between the
first Monday and the third Friday in the November preceding the
presidential primary (Sec. 655:47). A filing fee of $1,000 is also
required, but may be waived upon proof of indigence and the filing of
10 primary petitions from each county signed by registered party voters
and of the candidate's written assent to candidacy: (Sec. 655:48).
c. statutory instructions
All delegates and their alternates selected by each candidate in the
presidential primary must certify and pledge that they will vote for
the nomination of such candidate for said party for President so long
as he shall be a candidate before the national convention
(Sec. 655:51).
NEW JERSEY
Delegates to National Conventions:
Democratic: 124
Republican: 54
a. manner of selection
Delegates and alternates to the national convention of the political
parties are elected at the primary election to be held on the Tuesday
next after the first Monday in June (June 6, 2000) (New Jersey Statutes
Annotated, Sec. 19:2-1).
The chairman of the State committee of each political party shall
notify the Secretary of State on or before March 1 of the number of
delegates at-large and the number of alternate delegates at-large to be
elected to the next national convention of such party by the voters of
the party throughout the State and also of the number of delegates and
alternates to be chosen in the respective congressional districts or
other territorial subdivisions of the State as mentioned in such
notification (Sec. 19:24-1).
Candidates for election as delegates or alternates to the national
conventions of political parties shall be nominated by petition in the
manner provided for the nomination of candidates to be voted for at the
primary election for the general election (Sec. 19:24-3). Not less than
100 members of each political party may file with the Secretary of
State at least 54 days prior to the primary election for the general
election in any year of a national convention a petition requesting
that the name of a person therein endorsed shall be printed on the
primary ticket of such political party as candidate for the position of
delegate-at-large or alternate-at-large to be chosen by the party
voters throughout the State to the national convention of that party or
as a delegate or alternate to be chosen to that convention by the
voters of any congressional district (Sec. 19:24-4).
Candidates for the position of delegate or alternate may be grouped
together, if they so request in their petitions, and may also have the
name of the candidate for President whom they favor placed opposite
their individual names or opposite such groups, if they so request in
their petitions and if the written consent of such candidate for
President is endorsed upon their petitions, under the caption ``Choice
for President'' (Sec. 19:24-5). A vote for the group shall be tallied
as a separate vote for each of the candidates for delegate and
alternate listed in the group (Sec. 19:24-6).
Notwithstanding any provision of the title, national and State party
rules shall govern the selection of delegates and alternates to
national party conventions, provided the State chairman of the
political party notifies the Secretary of State prior to March 1 of the
year in which delegates and alternates are elected of the applicable
party rules governing the delegate selection process. The Secretary of
State shall notify the county clerks prior to April 1 of the year in
which delegates and alternates are elected of the applicable party
rules, if any, which apply to matters within their jurisdiction.
Pursuant to this section, the Secretary of State shall issue to the
county clerks uniform regulations governing the delegate selection
process (Sec. 19:24-2).
b. presidential preference primary
A presidential preference primary will be held on June 6, 2000, in
which there will be a direct election of delegates. There is also an
open, non-binding, advisory presidential primary for the presidential
candidates. Not less than 100 voters of any political party may file a
petition with the Secretary of State on or before the 54th day before a
primary election in any year of a national convention requesting that
the name of the person endorsed therein as a candidate of such party
for the office of President of the United States shall be printed upon
the official primary ballot of that party for the then ensuing election
for delegates and alternates to the national convention of such party.
(Sec. Sec. 19:2-1, 19:24-4)
Not less than one thousand voters of any political party may file a
petition with the Secretary of State on or before the 54th day before a
primary election in any year in which a President of the United States
is to be chosen, requesting that the name of the person indorsed
therein as a candidate of such party for the office of President of
the United States shall be printed upon the official primary ballot of
that party for the then ensuing election for delegates and alternatives
to the national convention of such party (Sec. 19:25-3). The petition
shall be prepared and filed in the form and manner herein required for
the endorsement of presidential candidates to be voted for at the
primary election for the general election, except that the candidate
shall not be permitted to have a designation or slogan following his
name, and that it shall not be necessary to have the consent of such
candidate for President endorsed on the petition (Sec. 19:25-3).
The Secretary of State shall certify the names so endorsed to the
county clerk of each county on or before the 48th day before such
primary election (Sec. 19:25-4).
The positions of the groups of delegates on the primary ballot are
determined by the various county clerks at a public drawing by lot
(Sec. 19:23-24). No designation or slogan shall be printed on any
ballot to be used at the primary in connection with any candidate or
group of candidates for office, which designation or slogan includes or
refers to the name of any other person unless the written consent of
such other person has been filed with the petition of nomination of
such candidate or group of candidates (Sec. 19:23-25.1). The signers to
petitions nominating delegates or naming a choice for President may
designate a committee of three persons named in the petition to fill a
vacancy caused by the death, resignation or otherwise of the candidate
endorsed (Sec. 19:23-12).
c. statutory instructions
None.
NEW MEXICO
Delegates to National Conventions:
Democratic: 35
Republican: 21
a. manner of selection
Upon the completion of the State canvass of the results of the
presidential primary, the Secretary of State shall certify to the State
chairman of each political party participating in the primary and to
the credentials committee of the national convention of each such
political party, the names of all candidates and uncommitted category
and the total vote and the percentage of the total vote of such
candidates or uncommitted category received. Each political party shall
select as many delegates and alternates to the national party
convention as are allotted to it by the national committee of that
party (New Mexico Statutes Ann., Sec. 1-8-60).
b. presidential preference primary
In the year in which the President and Vice President of the United
States are to be elected, the registered voters of the State shall be
given an opportunity to express their preference for the person to be
the presidential candidate of their party. The presidential primary
election shall be held on the first Tuesday in June, the same date as
the primary election is held in the State (June 6, 2000) (Sec. 1-8-11,
Sec. 1-8-54). The presidential primary is a closed primary (Sec. 1-12-
7). There shall be convened in Santa Fe a committee consisting of the
Chief Justice of the Supreme Court, as chairman, the Speaker of the
House of Representatives and the Minority Floor Leader of the House of
Representatives, the President pro tempore of the Senate and the
Minority Floor Leader of the Senate and the state chairmen of those
major political parties participating in the presidential primary. This
committee shall nominate as presidential primary candidates and certify
to the Secretary of State not later than February 15 before the
presidential primary election the names of all those generally
advocated and nationally recognized or supported by any major political
party in the state as candidates of the major political parties
participating in the presidential primaries for the office of President
(Sec. 1-8-56).
No later than 5:00 p.m. on the thirtieth day following the nominations
by committee, any person seeking the endorsement by the national
political party for the office of President or any group organized in
the State on behalf of and with the consent of such person may submit
to the Secretary of State a petition on a form prescribed and furnished
by the Secretary of State to have such candidate's name printed on the
presidential primary ballot. The petition shall be signed by a number
of registered voters in each of the congressional districts equal to
not less than two percent of the total number of votes for President
cast in each district at the last preceding presidential election
(Sec. 1-8-57).
The secretary of state shall contact each person who has been nominated
by the committee or by petition and notify him in writing by certified
mail, with return receipt requested, that his name will be printed as a
candidate on the New Mexico presidential primary ballot unless he
requests in writing otherwise at least fifty days prior to the
election (Sec. 1-8-58).
c. statutory instructions
The vote of the delegates or their alternates to the national
convention from each such political party from New Mexico shall be cast
on the first presidential nomination ballot of the national convention
by the chairman of the delegation. The manner of casting the vote of
each party delegation shall be as follows:
(1) each candidate and the uncommitted category shall be entitled to a
share of the total vote allotted to the delegation that is equal to the
proportion that the vote he received in the presidential primary bears
to the total combined vote received by all qualified candidates;
provided that no candidate shall be excluded who has received at least
fifteen percent of the total vote cast for candidates for President of
that party, and no candidate shall be excluded in violation of any
political party rule; and
(2) the method used to compute the total votes allowed to a candidate
or the uncommitted category shall be determined by the party rules on
file in the office of the Secretary of State.
The provisions of this section with regard to the manner of voting by
the New Mexico delegations at the national party conventions apply only
to the first nominating ballot cast at such conventions. Such
delegations may be released prior to the first ballot from voting in
the manner provided by this section upon death of the candidate or upon
his written unconditional release of such votes allotted to him. Any
votes so released shall be cast in the manner of votes allotted to the
uncommitted category (Sec. 1-8-60).
No person selected as a delegate or alternate shall qualify to attend
the national convention of his political party unless he files with the
State chairman of his political party at least fifteen days prior to
the convening of the applicable national party convention a written
declaration of acceptance, signed by himself, in the form herein
prescribed and the State chairman deposits this declaration of
acceptance in the office of the Secretary of State no later than ten
days before convening of the applicable national convention.
The declaration of acceptance shall be in the form of an affidavit and
shall contain the following information:
(1) the name, residence, and post office address of the delegate or
alternate delegate;
(2) a statement that he is a registered voter in New Mexico affiliated
with the political party for which he is a delegate or alternate, and
that he was a registered voter and affiliated with such party forty-two
days prior to the presidential primary election held in the year in
which he is a delegate to the national convention;
(3) a statement that he accepts his election as a delegate or alternate
to the national convention; and
(4) if delegates are pledged to specific candidates for the office of
President, a pledge in the following form:
``As a delegate to the 19-- national convention of ---------- party, I
pledge myself to vote on the first ballot for the nomination of
President by the -------- party as required by Section 1-8-60 NMSA
1978.''
Any delegate representing the uncommitted category may vote for any
candidate at the national convention or remain uncommitted (Sec. 1-8-
61).
NEW YORK
Delegates to National Conventions:
Democratic: 294
Republican: 101
a. manner of selection
Notwithstanding any inconsistent provisions of the election law, a rule
or resolution of a state committee providing for the selection of
delegates and alternate delegates to a national party convention in the
year 2000 shall select a plan under either section 2-2(a) or section 3
of chapter 137 of the Laws of 1999 in order to conform to the rules of
a national committee. A certified copy of such rule or resolution shall
be filed with the state board of elections no later than the first day
of November, 1999. Under a section 2-2(a) plan, delegates and alternate
delegates to a national party convention shall be elected from
congressional districts, or partly from the state at-large and partly
from such districts, as the rules of the state committee may provide.
Delegates and alternate delegates from the state at-large shall be
elected by the state committee of a party. The chairman or secretary of
the state committee shall, not later than the third Tuesday in June,
file with the state board of elections a certificate setting forth the
names and addresses of those persons so elected. District delegates and
alternate district delegates to a national convention at which a person
is to be nominated for the office of President of the United States
shall be elected at the spring primary held in the year of any such
convention. All such candidates for election as delegate and alternate
delegate to a national party convention of any party shall be enrolled
members of such party and all such candidates for election as district
delegates and alternate district delegates must reside in the
congressional district in which they are candidates. Under a section 3
plan, the rules of the state committee of a party may provide that the
delegates and alternate delegates to a national convention or national
party conference be elected by a combination of all of the following
methods: (a) by votes cast at a primary election for candidates for the
office of President of the United States in which the names of
candidates for such office appear on the ballot; (b) by votes cast at a
primary election for candidates for the positions of delegate and
alternate delegate to a national convention in districts no larger than
congressional districts; and (c) by the state committee or a committee
of the state committee at a meeting or convention called for such
purpose as the rules of the party may provide (McKinney's Consolidated
Laws of New York Annotated: Election Law Sec. 2-122, note, and ch. 137
of the Laws of 1999).
Notwithstanding other inconsistent State election laws, for the year
2000 elections selecting delegates to national conventions, designating
petitions for a candidate for district delegate or alternate district
delegate shall be signed by at least 1,000 registered voters of the
party residing in the district, or by at least 0.5% of such voters in
such district, whichever is less. Each candidate for President shall
file a petition signed by at least 5,000 of the registered voters of
the party in the State; however, such candidate shall not appear on the
ballot. A designating petition for a delegate or alternate which sets
forth the name of the presidential candidate supported by the delegate
candidate shall be invalid if the presidential candidate to whom the
delegate candidate is pledged either fails to file a valid petition or
files a timely declination to such petition (Sec. Sec. 2-122-A, 6-137).
Petitions and certificates shall be filed in the office of the Board of
Elections of the county, except as follows: for an office or position
to be voted for wholly within the city of New York, in the office of
the Board of Elections of that city; for an office or position to be
voted for in a district greater than one county, or portions of two or
more counties, in the office of the State Board of Elections (Sec. 6-
144).
A designating petition may designate candidates for nomination for one
or more public offices or for nomination for election to one or more
party positions, or both, but designations or nominations for which the
petitions are required to be filed in different offices may not be
combined in the same petition (Sec. 6-134(1)).
b. presidential preference primary
A presidential preference primary will be held on March 7, 2000
(Sec. 8-100). The New York presidential primary is a closed primary
(Sec. 8-302(4)). Delegates and alternates to a national convention of a
party shall be elected from congressional districts, or partly from the
State at large and partly from congressional districts, as the rules of
the State committee may provide. Such delegates and alternates from the
State at large shall be elected by the state committee or by a State
convention of the party, as the rules of the State committee shall
prescribe. If the rules of a national party provide for equal
representation of the sexes among delegates elected from districts,
such district delegates shall be elected separately by sex. District
delegates and alternates to national party conventions and delegates,
and alternates, if any, to such a state convention shall be elected at
a primary. All delegates and alternates to a national party convention
shall be enrolled members of such party. When any such rule provides
for equal representation of the sexes, the designating petitions and
primary ballots shall list candidates for such party positions
separately by sex (Sec. 2-122).
c. statutory instructions
None.
NORTH CAROLINA
Delegates to National Conventions:
Democratic: 103
Republican: 62
a. manner of selection
On the Tuesday after the first Monday in May (May 2, 2000) the voters
of this State shall be given an opportunity to express their preference
for the person to be the presidential candidate of their political
party.
Any person otherwise qualified who will become qualified by age to vote
in the general election held in the same year of the presidential
preference primary shall be entitled to register and vote in the
presidential preference primary. Such persons may register not earlier
than 60 days nor later than the 25th day prior to the said primary
(General Statutes of North Carolina, Sec. 163-213.2).
The presidential preference primary actually determines the allocation
of delegates to the presidential candidates. Both the Democratic and
Republican Parties actually elect delegates in a separate caucus
process.
b. presidential preference primary
On May 2, 2000, North Carolina will hold a closed presidential
preference primary which will be restricted to registered voters of the
parties (Sec. Sec. 163-119, 163-213.2, 163-213.7). The State Board of
Elections shall convene in Raleigh on the first Tuesday in February
preceding the presidential preference primary election. At the meeting
required by this section, the State Board of Elections shall nominate
as presidential primary candidates all candidates affiliated with a
political party, recognized pursuant to the provisions of Article 9 of
Chapter 163 of the General Statutes, who have become eligible to
receive payments from the Presidential Primary Matching Payment
Account, as provided in section 9033 of the U.S. Internal Revenue Code
of 1954, as amended. Immediately upon completion of these requirements,
the Board shall release to the news media all such nominees selected;
provided, however, nothing shall prohibit the partial selection of
nominees prior to the meeting required by this section, if all
provisions herein have been complied with (Sec. 163-213.4).
Any person seeking the endorsement by the national political party for
the office of President of the United States or any group organized in
this State on behalf of and with the consent of such person may file
with the State Board of Elections petitions signed by 10,000 persons
who at the time they signed are registered and qualified voters in this
State and are affiliated, by such registration, with the same political
party as the candidate for whom the petitions are filed. Such petitions
must be certified by the chairman of the county board of elections
where the signatures were obtained and then shall be filed with the
State Board of Elections by 5 p.m. on the date that the State Board of
Elections is required to meet (Sec. 163-213.5).
c. statutory instructions
Upon completion and certification of the primary results by the State
Board of Elections, the Secretary of State shall certify the results to
the State chairman of each political party.
Each political party shall allocate delegate positions in a manner
which reflects the division of votes of the party primary consistent
with the national party rules of that political party (Sec. 163-213.8).
NORTH DAKOTA
Delegates to National Conventions:
Democratic: 22
Republican: 19
a. manner of selection
State party conventions are to be held in each presidential election
year at a place and time designated by the State party committees
(North Dakota Century Code Ann., Sec. 16.1-03-14). The State party
convention is required to elect the requisite number of delegates and
alternates to the national party convention (Sec. 16.1-03-14).
The candidate or candidates for endorsement or election shall be
declared endorsed or elected pursuant to the rules of the party
involved, and the chairman and secretary of the convention shall issue
certificates of endorsement or election. If any delegate to the
national convention is unable to attend that convention, he shall
designate, in writing, one of the alternates to attend and represent
and act for him. The names of the candidates nominated for presidential
electors shall be certified by the chairman and secretary of the
convention to the Secretary of State to be placed upon the general
election ballot as provided by law (Sec. 16.1-03-14).
b. presidential preference primary
There are statutory provisions for a statewide presidential preference
primary to be conducted concurrently with the statewide primary on the
second Tuesday in June of every general election year (June 9, 1992)
(Sec. 16.1-11-01). Presidential candidates, representing parties
qualified to conduct a presidential preference primary, desiring to be
on the presidential preference primary ballot shall file an affidavit,
and either a certificate of endorsement signed by the chairman of the
party's State committee, or a petition in the same form and with the
same number of signatures as a candidate for State office. The
certificate and affidavit, or petition and affidavit, must be filed
with the Secretary of the State within the same time limits as State
office candidates, and for the purposes of the presidential preference
primary only, political parties may file certificates for more than one
presidential candidate. The Secretary of State shall certify the names
to the county auditors for ballot preparation (Sec. 16.1-11-07).
c. statutory instructions
The presidential preference primary shall be in addition to all other
elections held on the date of the primary. Unless specifically
forbidden by national party rules, the delegates selected by political
parties shall be bound to cast their first ballots at the party
national convention in such a manner that each candidate at the party's
presidential preference primary receives a proportion of the total
votes cast by the delegates equal to the proportion received by that
candidate of the total votes cast for all candidates for President of
that party at the primary. In computing the number of delegates a
candidate may be entitled to on the first ballot, if party rules do not
allow apportionment of a delegate and such an apportionment appears
necessary because no candidate received more than five-tenths of a
delegate, then that delegate must be assigned to the candidate
receiving the highest number of votes in the primary election. If a
candidate withdraws before the first ballot voting begins, delegates
obligated to vote for that candidate on the first ballot would be
released from that obligation (Sec. 16.1-11-04).
OHIO
Delegates to National Conventions:
Democratic: 170
Republican: 69
a. manner of selection
Delegates and alternates to a national party convention are elected at
primaries held on the third Tuesday in March (Ohio Rev. Code,
Sec. Sec. 3513.12). Candidates for delegate and alternate shall be
qualified and the election shall be conducted in the manner prescribed
in this chapter for the nomination of candidates for State and district
offices, except as provided in Sec. 3513.151 of the Revised Code and
except that whenever any group of candidates for delegate at large or
alternate at large, or any group of candidates for delegates or
alternates from districts, file with the Secretary of State statements
as provided by this section, designating the same persons as their
first and second choices for President of the United States, such a
group of candidates may submit a group petition containing a
declaration of candidacy for each of such candidates. The group
petition need be signed only by the number of electors required for the
petition of a single candidate. No group petition shall be submitted
except by a group of candidates equal in number to the whole number of
delegates at large or alternates at large to be elected or equal in
number to the whole number of delegates or alternates from a district
to be elected (Sec. 3513.12).
Political parties shall be eligible to elect delegates and alternates
to national conventions or conferences of their respective political
parties, other than conventions provided for in Sec. 3513.12 of the
Revised Code, if they notify the Secretary of State that they will
elect such delegates. Such notification must be made prior to the
ninetieth day before the day of the primary election which occurs in
any year at which national convention or conference delegates and
alternates are elected. Petitions of candidacy for such delegates shall
be filed in the form and manner provided by the Secretary of State. Any
political party electing delegates to a national convention or
conference under this section in an odd-numbered year in which a
statewide primary election is not otherwise required shall pay all
expenses of that election (Sec. 3513.122).
b. presidential preference primary
The primary is held on the third Tuesday in March in years in which a
President is to be elected (Sec. 3513.01). The presidential primary is
an open primary. Candidates for delegate and alternate shall be
qualified and the election shall be conducted in the manner prescribed
in this chapter for the nomination of candidates for state and district
offices, except as provided in section 3513.151 [3513.15.1] of the
Revised Code and except that whenever any group of candidates for
delegate at large or alternate at large, or any group of candidates for
delegates or alternates from districts, file with the secretary of
state statements as provided by this section, designating the same
persons as their first and second choices for President of the United
States, such a group of candidates may submit a group petition
containing a declaration of candidacy for each of such candidates. The
group petition need be signed only by the number of electors required
for the petition of a single candidate (Sec. 3513.12).
c. statutory instructions
Each person seeking to be elected as delegate or alternate to the
national convention of his political party shall file with his
declaration of candidacy and certificate a statement in writing signed
by him in which he shall state his first and second choices for
nomination as the candidate of his party for the presidency of the
United States. The Secretary of State shall not permit any declaration
of candidacy and certificate of a candidate for election as such
delegate or alternate to be filed unless accompanied by such statement
in writing. The name of a candidate for the presidency shall not be so
used without his written consent.
A person who is a first choice for President of candidates seeking
election as delegates and alternates shall file with the Secretary of
State, prior to the day of the election, a list indicating the order in
which certificates of election are to be issued to delegate or
alternate candidates to whose candidacy he had consented, if fewer than
all of such candidates are entitled under party rules to be certified
as elected. Each candidate for election as such delegate or alternate
may also file along with his declaration of candidacy and certificate a
statement (Sec. 3513.12).
OKLAHOMA
Delegates to National Conventions:
Democratic: 52
Republican: 38
a. manner of selection
The delegates are to be chosen after the presidential preference
primary on March 14, 2000 and are to be proportionately allotted to
presidential candidates based on the presidential primary vote
(Oklahoma Statutes Annotated, Sec. 20-104).
b. presidential preference primary
A presidential preferential primary for recognized political parties
shall be held on the second Tuesday in March 2000 (March 14, 2000), and
on the same weekday in each of the years thereafter in which the
President and Vice President of the United States are to be elected
(Sec. 20-101). The presidential primary is a closed primary. Candidates
for the nomination for President of the United States shall file with
the Secretary of the State Election Board. Said candidates shall be
members of political parties recognized under the laws of the State of
Oklahoma and shall have filed a statement of candidacy with the Federal
Election Commission and shall have raised and expended not less than
five thousand dollars ($5,000.00) for said office. The candidates shall
be required to swear an oath or affirm that they meet the
aforementioned qualifications, and their signatures shall be witnessed
by a notary public. Said filing beginning at 8:00 a.m. on the second
Monday in January and ending at 5:00 p.m. on the next succeeding
Wednesday, or at a time prescribed by the State Election Board for a
presidential preferential primary to be held on a date other than the
second Tuesday in March. A statement of candidacy must be accompanied
by a petition supporting a candidate's filing signed by one percent
(1%) of the registered voters in each congressional district eligible
to vote for a candidate or one thousand (1,000) registered voters in
each congressional district eligible to vote for a candidate, whichever
is less, as reflected by the latest January 15 registration report; or
by a cashier's check or certified check in the amount of two thousand
five hundred dollars ($2,500.00). Said check shall be forfeited unless
a candidate receives more than fifteen percent (15 percent) of the
votes cast. The State Election Board shall cause the names of all
candidates who have filed within the proper time to be printed on the
official ballots. The ballots shall be prepared as provided for by law.
Voters shall be restricted to one vote for the candidate of his choice
of the political party in which the voter is registered (Sec. 20-102).
Upon the completion of the State canvass of the results of the
presidential preferential primary, the Secretary of the State Election
Board shall certify to the State chairman of each political party which
has candidates participating in the primary:
1. the names of the party's candidates and the votes each received, by
congressional district as well as statewide; and
2. the total of the votes cast in the political party, by congressional
district as well as statewide. Each candidate shall be awarded
delegates by congressional districts proportionately, by the ratio of
votes they received to the total vote cast in said congressional
district; provided however, no delegates shall be awarded to any
candidate receiving less than fifteen percent (15 percent) of the vote,
and such votes shall be allocated among the other candidates in
proportion to their total vote. If no candidate receives fifteen
percent (15 percent) or more of the vote, then the candidate receiving
the highest number of votes in that district shall be awarded all the
delegates from that district. The candidate receiving the largest
number of votes statewide shall be awarded all delegate votes
authorized by the national committee of the political party which are
selected as the at-large delegates at the State convention of said
party. If the political parties involved in the primary elections will
not accept the minimum threshold, or have a different method of
allocating the votes of all candidates falling below such threshold,
either as to the congressional districts or statewide vote, then these
matters may be governed by the respective political parties involved.
Votes shall be allocated on a basis of not less than one-half (\1/2\)
delegate vote or the minimum allowed by the national party rules. Each
political party shall then select, by a method to be determined by the
party, as many delegates to the national party convention as are
allotted it by the national committee of that party. No later than 5:00
p.m. on the tenth day of January, the Attorney General shall submit to
the Secretary of the State Election Board notice of the manner in which
results of the next following presidential preferential primary are to
be certified and to whom said results are to be certified. The State
Election Board shall certify results according to the manner prescribed
in the notice. The Attorney General shall be required to provide said
notice in such a way as to be consistent with the methods required by
the recognized political parties relative to selection of delegates to
their national conventions. (Sec. 20-104).
c. statutory instructions
Each delegate or alternate delegate to the national convention of his
political party shall cast their vote on all ballots for the candidate
who received this State's vote. If that candidate is for any reason no
longer a candidate, the votes of the Oklahoma delegation shall be cast
for any candidate of their choice (Sec. 20-104(G)). No person selected
as a delegate or alternate delegate shall qualify to attend the
national convention of his political party unless he files with the
State central committee of his party a signed affidavit of acceptance
stating his name, address, that he is a registered voter of the
political party and, pursuant to effectuating the purpose and the
result of the presidential preferential primary in this State, that he
pledges himself to vote for the winning candidate. Any vote cast by a
delegate which is not in accordance with his delegate pledge shall be
void (Sec. 20-105).
OREGON
Delegates to National Conventions:
Democratic: 58
Republican: 24
a. manner of selection
After a presidential preference primary election, each major political
party by convention shall select delegates to the national convention
of that party (Oregon Revised Statutes, Sec. 248.315(1), Supp.).
Delegates to the national convention of a party shall be selected in
the manner provided by party rules, which shall provide all electors
registered as members of the party equal opportunity to participate in
the selection of delegates (Sec. 248.315(2), Supp.)
Delegates to the national convention of the party shall be selected so
that the number of delegates who favor a certain candidate shall
represent the proportion of votes received by the candidate in relation
to the other candidates of that party at the presidential preference
primary election. Each person selected as a delegate shall sign a
pledge that the person will continue to support at the national
convention the candidate for President of the United States the person
is selected as favoring until:
(a) the candidate is nominated at the convention;
(b) the candidate receives less than 35 percent of the votes for
nomination at the convention;
(c) the candidate releases the delegate from the pledge; or
(d) two convention nominating ballots have been taken (Sec. 248.315(3),
Supp.).
b. presidential preference primary
A presidential preference primary is scheduled for March 14, 2000
(Sec. 254.056(3), Supp.). The name of a candidate for a major political
party nomination for President of the United States shall be printed on
the ballot or ballot label only: By direction of the Secretary of State
who in the secretary's sole discretion has determined that the
candidate's candidacy is generally advocated or is recognized in
national news media; or by nominating petition described in this
section and filed with the Secretary of State.
A petition nominating a candidate under this section shall contain from
each congressional district the signatures of at least 1,000 electors
who are registered in the district and who are members of the major
political party of the candidate. The electors in each congressional
district shall include electors registered in at least one-tenth of the
precincts in each of at least one-fourth of the counties in the
congressional district. The petition shall contain the printed name,
residence address and name or number of the precinct, if known, of each
elector whose signature appears on the petition. The signatures shall
be certified for genuineness by the county clerks under ORS 249.008.
Before circulating the petition, the chief sponsor shall file with the
Secretary of State a signed copy of the prospective petition. The chief
sponsor shall include with the prospective petition a statement
declaring whether one or more persons will be paid money or other
valuable consideration for obtaining signatures of electors on the
petition. After the prospective petition is filed, the chief sponsor
shall notify the Secretary of State not later than the 10th day after
the chief sponsor first has knowledge or should have had knowledge
that:
(a) Any person is being paid for obtaining signatures, when the
statement included with the prospective petition declared that no such
person would be paid.
(b) No person is being paid for obtaining signatures, when the
statement included with the prospective petition declared that one or
more such persons would be paid (Sec. 249.078, Supp.).
c. statutory instructions
Delegates to the national convention of the party shall be selected so
that the number of delegates who favor a certain candidate shall
represent the proportion of votes received by the candidate in relation
to the other candidates of that party at the presidential preference
primary election. Each person selected as a delegate shall sign a
pledge that the person will continue to support at the national
convention the candidate for President of the United States the person
is selected as favoring until:
(a) The candidate is nominated at the convention;
(b) The candidate receives less than 35 percent of the votes for
nomination at the convention;
(c) The candidate releases the delegate from the pledge; or
(d) Two convention nominating ballots have been taken (Sec. 248.315,
Supp.).
PENNSYLVANIA
Delegates to National Conventions:
Democratic: 191
Republican: 80
a. manner of selection
A primary for the expression of presidential preferences is to be held
on the fourth Tuesday in April of the presidential election years,
i.e., April 25, 2000 (Pennsylvania Statutes, Annotated, title 25,
Sec. 2753). Delegates and alternates to national conventions shall be
apportioned, selected or elected in accordance with party rules which
must be certified by the party secretary and filed with the Secretary
of the Commonwealth at least thirty days prior to the first day on
which nomination petitions may be circulated (Sec. 2838.1). Where
delegates are elected through the primary, candidates must file
nomination petitions signed by registered and enrolled party members
and the presidential candidate the delegate seeks to represent
(Sec. 2867). The presidential candidate must notify the Secretary of
the Commonwealth that he authorizes the delegates and alternate
delegates to pledge their support to him. Such notice must be on a form
prescribed by the Secretary and must be received by the Secretary at
least fifteen days prior to the first day on which the nomination
petitions may be circulated (Sec. 2839.1) Petitions may not be
circulated prior to the thirteenth Tuesday before the primary
(Sec. 2868) and must be filed with the Secretary of the Commonwealth on
or before 5:00 p.m. on the tenth Tuesday before the primary
(Sec. 2873). Candidates must also file with their petitions affidavits
showing residence, election district, that he or she is a registered
party member, to whom he or she is committed, if committed or
``uncommitted'' and certain other information (Sec. 2870, Supp.). The
petition may also include a statement of delegate commitment to a
presidential candidate (Sec. 2871).
b. presidential preference primary
A primary for the expression of presidential preferences and the
election of delegates and alternates to the national convention, if so
provided in party rules, will be held on the fourth Tuesday of April
(April 25, 2000) in presidential election years (Sec. Sec. 2862, 2753).
The presidential primary is a closed primary.
The names of candidates for nomination as President of the United
States, and the names of all other candidates for party nominations,
and for election as delegates, alternate delegates, members of the
committees and other party officers, shall be printed upon the official
primary ballot labels of a designated party, upon the filing of
separate nomination petitions in their behalf, in form prescribed by
the Secretary of the Commonwealth, signed by duly registered and
enrolled members of such party who are qualified electors of the State,
or of the political district, as the case may be, within which the
nomination is to be made or election is to be held. Nomination
petitions of delegates and alternate delegates to National conventions
committed to support a particular presidential candidate must be signed
by the particular presidential candidate to whom support is pledged
before it can be certified by the Secretary of the Commonwealth. The
name of no candidate shall be placed upon the official ballots or
ballot labels of a political party to be used at any primary, unless
such petition shall have been filed in his behalf. In no event shall
any person's name be printed upon the official ballots or ballot labels
of any party for the office of delegate, alternate delegate, member of
committee or other party officer, unless he is a duly registered and
enrolled member of said party. (Sec. 2867).
Candidates for nomination as President of the United States are to
present a nominating petition containing signatures of 2,000 registered
and enrolled party members. (Sec. 2872.1). A filing fee of $200 is also
required (Sec. 2873). All nomination petitions are to be filed on or
before the tenth Tuesday prior to the primary (Sec. 2873(d)). A
political party may have a ``no preference'' column added on the
primary election ballot (Sec. 2962(d)).
c. statutory instructions
Delegate candidates in the primary may sign a general pledge to support
a candidate for nomination (Sec. 2871). Whenever the rules of a party
provide that a candidate for delegate or alternate delegate to a
national convention of a political party and may pledge his support to
a presidential candidate, he shall be committed to support and vote for
the nomination of that candidate as President as party rules provide,
the notation of which shall be printed upon the ballot. No candidate
for delegate or alternate delegate shall make a commitment unless he
has obtained prior authorization to do so from the presidential
candidate to whom he is pledging support. No candidate for delegate or
alternate delegate shall be allowed to commit himself to any
presidential candidate nor shall the Secretary of the Commonwealth
cause any notation of commitment to be printed on any ballot unless the
presidential candidate forwards notice to the Secretary of the
Commonwealth, upon a form prescribed by the Secretary, that he is a
candidate for the nomination of President of the United States and that
he authorizes delegates and alternate delegates to pledge their support
and commit themselves to him. This notice must be received by the
Secretary at least fifteen days prior to the first day on which
nomination petitions may be circulated for the offices which are to be
filled at the spring primaries in the years in which candidates for the
President of the United States are to be nominated. Nomination
petitions for delegates committed to particular presidential candidates
shall be obtained only from the presidential candidate or his duly
authorized representative who is certified by the Secretary of the
Commonwealth as being authorized by the candidate to distribute
nomination petitions bearing his name. (Sec. 2839.1)
RHODE ISLAND
Delegates to National Conventions:
Democratic: 32
Republican: 14
a. manner of selection
Delegates to national conventions are selected in a primary election to
be held on the first Tuesday in March (March 7, 1992) (General Laws of
Rhode Island, Sec. 17-12.1-1). At the presidential preference primary
there shall be elected such number of delegates and alternates from
congressional districts as determined by party rules certified to the
Secretary of State by the chairman of the State committee on or before
the first Tuesday in January preceding the primary (Sec. 17-12.1-2).
Candidates for delegate must sign and file a declaration of candidacy
on forms provided by the Secretary of State during the period between
January 2 and January 12 (Sec. 17-12.1-3). The Secretary of State is to
provide declared candidates with nomination papers to be signed by at
least 150 party voters (Sec. 17-12.1-6) and submitted to the local
board of the city or town, where the signers appear as voters, for
verification on or before 4 p.m. of the 35th day prior to the primary
(Sec. 17-12.1-7). The local board files the papers with the Secretary
of State (Sec. 17-12.1-7). Delegate candidates may also submit to the
Secretary of State documentation of approval from presidential
candidates on or before 4 p.m. on the 30th day prior to the primary
(Sec. 17-12.1-7).
The ballot is to be prepared to clearly show the presidential
preference or uncommitted status of delegate candidates (Sec. 17-12.1-
11). The number of delegates and the designation of winning delegates
shall be determined pursuant to the rules of such political party filed
with the Secretary of State as provided by this chapter (Sec. 17-12.1-
9).
b. presidential preference primary
Delegates and alternates to the national convention are elected in a
primary held on March 7, 2000. The Rhode Island primary is an open
primary. The Secretary of State shall announce ten days prior to the
first day for filing of declaration of candidacy by delegates, the
names of those bona fide national candidates for presidential nominee
known to him and on or before said date of announcement, shall by
registered mail duly notify such candidates of his intent to place
their names on the ballot.
Any person seeking the endorsement of a national political party for
which a primary is being held shall, between November 15 and November
30, by 4 p.m. in the year prior to the year in which the presidential
preference primary is being held provide written notification to the
Secretary of State of his or her intention to run in the primary. The
candidate must submit petition papers signed by at least 1,000 eligible
voters on or before 4 p.m. of the 74th day before the primary to the
local board of the city or town where the signers appear to be voters.
If any candidate whose name has been announced as a presidential
nominee does not thereafter wish his name to appear on the ballot, he
shall at least thirty days prior to the date for the primary, file an
affidavit with the Secretary of State stating his name may not be
placed on the ballot. Names of delegates committed to such withdrawn
candidate, who are otherwise qualified, shall appear on the ballot as
uncommitted (Sec. 17-12.1-4).
c. statutory instructions
None.
SOUTH CAROLINA
Delegates to National Conventions:
Democratic: 52
Republican: 7
a. manner of selection
No statutory provisions.
b. presidential preference primary
No statutory provisions.
c. statutory instructions
None.
SOUTH DAKOTA
Delegates to National Conventions:
Democratic: 22
Republican: 22
a. manner of selection
In the years when a President of the United States is to be elected,
the political parties shall elect delegates and alternates to the
national convention of each political party in accordance with the
provisions of Sec. Sec. 12-5-3.6 to 12-5-3.15, inclusive. If delegates
and alternates are not elected at large from the entire State, the
constitution or bylaws shall set forth the area boundaries for
representation coincident with some geographical division of the State
otherwise authorized or provided by law (South Dakota Compiled Laws,
Sec. 12-5-2, Supp.).
In the event the political party does not choose by its constitution,
bylaws or its State convention the method of selecting its delegates
and alternates to the national convention, it shall, at its State party
convention, meeting in the even nonpresidential years, choose the
method of selection from the alternatives as follows:
(a) the slate of delegates and alternates receiving the highest number
of votes shall be declared elected;
(b) the total number of delegates and an equal number of alternates to
the national convention shall be allocated between the two leading
slates of the political party, and the same proportion of the total
vote each slate received bears to the total combined votes of both
slates. The appropriate number of delegates and alternates from each
slate shall be deemed elected in the order in which the names appeared
on the ballot; or
(c) an allocation may be made among two or more slates which grants
representation proportionately to various slates receiving a number of
votes stated in the constitution or bylaws of the political party to be
significant for purposes of representation of either, area of the State
or support for candidates, or both, which shall be stated in the
constitution or bylaws. A certificate of election shall be issued by
the State party chairman to each delegate and each alternate entitled
thereto by allocation (Sec. 12-5-3.10).
In the event a political party has no prescribed method of selection of
slates of delegates and alternates to its national convention, the
slates of delegates and alternates to the national convention shall be
elected by the primary. Names of candidates for delegates and
alternates to the national convention, in number equal to the entire
number of such delegates and alternates to be selected, shall be
grouped in a slate under the respective designations upon a single
nominating petition, which will contain a statement indicating their
collective preference choice for President of the United States, if
any, or that they have no preference or are uncommitted (Sec. 12-5-
3.11).
b. presidential preference primary
In a year when a President of the United States is to be elected, the
primary for selection of delegates and alternates to the national
convention shall be held on the first Tuesday in June of every even-
numbered year (Sec. 12-2-1, Supp.) (June 6, 2000). The presidential
primary is a closed primary. If a political party chooses to have a
primary for selection of its delegates and alternates to the national
convention, it shall certify the slates to the Secretary of State by
the first Tuesday in April preceding the primary by five o'clock p.m.
The slates certified shall be placed on the ballot by the Secretary of
State and the position of the slates on the primary ballot shall be
chosen by lot by the Secretary of State. The certification shall be
deemed to be filed if mailed by registered mail by five o'clock p.m. on
the first Tuesday in April (Sec. 12-5-3.8, Supp.) Any candidate,
committee or group supporting a candidate in any of the presidential
primaries, shall, by the first Tuesday in April prior to the
presidential primary election, notify the Secretary of State that they
intend to have the name of the candidate placed on the presidential
primary election ballot or submit a slate of candidates or both
(Sec. 12-5-3.14, Supp.).
Both major political parties will select their delegates in a separate
caucus process. The national convention delegates will be
proportionally allotted to the presidential candidates based on the
presidential preference primary results.
c. statutory instructions
None.
TENNESSEE
Delegates to National Conventions:
Democratic: 81
Republican: 37
a. manner of selection
On the second Tuesday in March (March 14, 2000) a presidential primary
election will be held to elect delegates to the national conventions of
all statewide political parties (Tennessee Code Ann., Sec. 2-13-302).
On the second Thursday in January next preceding the election, the
chairpersons of each statewide political party will certify to the
Secretary of State and the coordinator of elections the number of
delegates and alternates to the national convention allocated by the
national party to be elected by the State party.
The chairperson will further certify to the Secretary of State and the
coordinator of elections:
(1) The number of delegates allocated to the State party by the
national party to various congressional districts within Tennessee; and
(2) The number of delegates-at-large allocated by the national party to
the State party.
Delegates-at-large and alternates shall be elected in accord with the
rules of the respective parties. If the party executive committee
decides to elect the at-large delegates and alternates, it shall meet
to do so after the second Tuesday in March and before the first Tuesday
in April, such election to be by open ballot of the committee members
and no secret balloting shall be permitted. Alternate delegates shall
be elected proportional to the vote for delegates in the party's
delegate election. All State party allocations must be in accord with
the charter, rules, and bylaws of the respective national party.
There shall be at least three (3) delegates allocated to each
congressional district unless such allocation violates the charter,
bylaws or rules of the respective national political parties. Where a
political party has allocated three (3) delegates from each
congressional district by national party rules, at least one-third (\1/
3\) of the at-large delegates shall be elected by popular vote on the
ballot.
The respective party executive committees shall meet prior to the
second Thursday in January to determine how the provisions of this
section with respect to the division of delegates by district and at-
large and the method of selecting at-large delegates, and the
chairperson of each party shall certify the decisions of the executive
committee to the Secretary of State and the coordinator of elections.
In no case shall the candidate receiving the greatest number of votes
in a primary have apportioned to him a lesser number of delegates than
the candidate with the next greatest number of votes. If one (1)
candidate with a total number of votes statewide greater than other
candidates, receives fewer delegates from districts than the other
candidates, then the at-large delegates shall be so apportioned as to
reflect the percentage of the vote received by the candidate with the
greatest number of votes and his competitors (Sec. 2-13-303, Supp.)
Candidates for election as delegates to the national convention of a
political party shall qualify by filing nominating petitions no later
than twelve o'clock (12:00) noon prevailing time on the third Thursday
in January of the presidential election year in the office of the
Secretary of State in Nashville.
Nominating petitions shall be signed by the candidate and one hundred
(100) or more registered voters who are eligible to vote to fill the
position.
Nominating petitions shall bear the name and address of the candidate.
The sufficiency of such petitions, including the requisite quantity and
authenticity of signatures, shall be verified by the county election
commission.
If the candidate does not file by the deadline specified in this
section, his name shall not be printed on the ballot.
Nominating petitions for delegate candidates may be mailed to the
Secretary of State and if postmarked by twelve o'clock (12:00) noon
prevailing time on the third Thursday in January, shall be considered
as being filed in time. (Sec. 2-13-305).
Certified copies of the original nominating petition and declaration of
delegate candidacy shall be filed by the Secretary of State with the
coordinator of elections, with the chairperson of the State executive
committee of the candidate's party, and with the chairperson of the
State election commission.
The chairperson of the State election commission shall no later than
four thirty p.m. (4:30 p.m.), prevailing time, on the third Thursday in
January, certify to the chairperson of the appropriate county election
commission the names of all delegate-candidates who have qualified to
have their names printed on the ballot in that county (Sec. 2-13-310).
b. presidential preference primary
A presidential preference primary will be held on the second Tuesday in
March (March 14, 2000) (Sec. 2-13-205). The presidential primary is an
open primary.
The names of candidates for President of the United States shall be
printed on the ballot for the presidential preference primary only if
they were:
(1) The names of persons who the Secretary of State in his sole
discretion has determined are generally advocated or recognized as
candidates in national news media throughout the United States. The
Secretary of State shall submit the names to the State election
commission no later than the first Tuesday in January of the year in
which the election will be held. If a candidate who has been certified
by the Secretary of State wishes to be a candidate in the presidential
primary of a party other than that for which the Secretary of State
certified him, he shall signify his political party preference to the
State election commission no later than twelve (12:00) noon, prevailing
time, on the second Tuesday in January and his name shall be certified
only for the ballot of his chosen party, as the case may be.
(2) The names of persons for whom nominating petitions, signed by at
least twenty-five hundred (2,500) registered voters of the party whose
nomination is sought and by the candidate, are filed not later than
twelve o'clock (12:00) noon, prevailing time, on the first Tuesday in
January of the year in which the election will be held. The nominating
petitions shall be filed with the State election commission and
certified duplicates with the coordinator of elections and with the
chairperson of the candidate's party's State executive committee. No
candidate may enter the presidential primary of more than one statewide
political party.
The Secretary of State shall advise each of the prospective candidates
by the most expeditious means available that, unless he withdraws his
name by twelve o'clock (12:00) noon, prevailing time, on the second
Tuesday in January of the year in which the election will be held, his
name will appear on the ballot of his party in the presidential
preference primary. If such a person executes and files with the State
election commission an affidavit stating without qualification that he
is not and does not intend to become a candidate for President in the
forthcoming presidential election, his name shall not be on the ballot.
The Secretary of State shall certify to the county election commission
on the second Thursday in January the names which this section requires
to be on the ballot for each political party (Sec. 2-5-205).
On the first Tuesday in January of the year in which the election will
be held, the Secretary of State shall notify all nationally recognized
candidates for President that their names are to be placed on the
Tennessee presidential preference primary ballot. Such notice shall
also be given at the same time to all of the statewide political
parties.
Any person, who is notified that his name is to be placed on such
ballot and who does not desire his name to appear on such ballot, shall
execute and file with the Secretary of State an affidavit stating
without qualification that he is not and does not intend to become a
candidate for President in the forthcoming presidential election. Such
person shall file such affidavit with the Secretary of State prior to
twelve o'clock (12:00) noon prevailing time on the second Tuesday in
January of the year in which the election is to be held.
On the second Thursday in January, after twelve o'clock (12:00) noon
prevailing time, the Secretary of State shall announce the candidates
for President who shall appear on the ballot and shall issue a call for
an election for the purpose of electing delegates to the national
conventions of all statewide political parties. (Sec. 2-13-304).
In the event that a delegate-candidate is subject to the provisions of
Sec. 2-13-308(2), he shall provide the Secretary of State with the
presidential candidate's written consent thereto no later than twelve
o'clock (12:00) noon prevailing time at the time he files his
nominating petition. In the event that such consent is not granted in
writing by the presidential candidate, then the name of the delegate-
candidate shall appear on the ballot as an uncommitted delegate-
candidate. Each presidential candidate must consent for each district
to at least one more and no more than twice the number of delegate-
candidates being pledged to him than the number of delegates allocated
to the district (Sec. 2-13-309).
Delegates elected from a congressional district shall be allocated
among the presidential candidates and the uncommitted designation as
proportionally as is mathematically possible to the number of votes
received in the presidential preference selection within such
congressional district. If the number of votes received by a
presidential candidate in any congressional district is less than
fifteen percent of the votes cast in such district, no delegates shall
be allocated to such candidate and such votes of less than fifteen
percent shall be considered as votes for the uncommitted designation
(Sec. 2-13-313). Delegates-at-large and alternates shall be allocated
among the presidential candidates or as uncommitted designation as
proportionally as is mathematically possible to the proportion of the
vote received by that candidate. If the total number of votes received
by a presidential candidate in the State at large is less than fifteen
percent of the votes cast, no delegate-at-large or alternates shall be
allocated to such candidate and such votes of less than fifteen percent
shall be considered as votes for the uncommitted designation (Sec. 2-
13-314).
c. statutory instructions
The results of the preferential presidential primary shall be binding
on the delegates to the national conventions as hereinafter provided.
The delegates to the national conventions shall be bound by the results
of the preferential presidential primary for the first two ballots and
shall vote for the candidate whom they are pledged. The delegates shall
thereafter be bound to support such candidate so long as he, not to
exceed two ballots, has twenty percent of the total convention vote or
until such time the candidate of their party releases them from the
results of the presidential preference primary (Sec. 2-13-317).
TEXAS
Delegates to National Conventions:
Democratic: 231
Republican: 124
a. manner of selection
The State of Texas will have a presidential preference primary on March
14, 2000. The results of the presidential preference primary will
determine the allocation of most of the national convention delegates
who are selected in a caucus process after the primary.
If a political party holding a primary election in a presidential
election year desires to send delegates to a national presidential
nominating convention of the party, the party shall select the
delegates at a State convention convened on any day in June of the
presidential election year. Before the date of the party's precinct
conventions held under Chapter 174, the party's State executive
committee shall choose the date, hour, and place for the State
convention. The State convention shall consist of delegates selected at
the party's county and senatorial district conventions held under
Chapter 174. Before the date of the party's precinct conventions, the
party's State chairman shall deliver written notice of the date, hour,
and place for the State convention to:
(1) the Secretary of State;
(2) each county chair of the party; and
(3) the temporary chair of each senatorial district convention of the
party (Sec. 191.031, Supp.).
If a political party not holding a primary election in a presidential
election year desires to send delegates to a national presidential
nominating convention of the party, the party shall select the
delegates at the State convention at which the party is authorized to
make nominations for State offices (Vernon's Texas Codes Ann. (Election
Code) Sec. 191.032, Supp.).
b. presidential preference primary
The presidential preference primary shall be held on the second Tuesday
in March in each presidential election year (March 14, 2000)
(Sec. 41.007(c), Supp.). The presidential primary is an open primary.
To be entitled to have its nominees for President and Vice President of
the United States placed on the general election ballot in a particular
presidential election year, a political party must hold a presidential
primary election in this State if:
(1) in the presidential election year, the party is required by this
code to nominate its candidates for State and county offices by primary
election;
(2) a presidential primary election is authorized under national party
rules; and
(3) before January 1, of the presidential election year, the national
party has determined that it will hold a national presidential
nominating convention that year (Sec. 191.001, Supp.).
Candidates qualify to have their names on the presidential primary
election ballot in the manner provided by party rule. If party rules
provide for the filing of applications or signature petitions to
qualify candidates for a place on the ballot, the filing deadline may
not be later than the regular filing deadline for candidates in the
general primary election. A signature on a candidate's petition is not
valid unless it is that of a registered voter and is accompanied by the
signer's residence address, including county, and voter registration
number. A person may not sign petitions supporting more than one
presidential candidate in the same primary, and, if a person does so,
the person's signature is void as to all petitions he signs
(Sec. 191.002, Supp.). The State chair of each political party holding
a presidential primary election shall certify the name of each
presidential candidate who qualifies for a place on the presidential
primary election ballot and deliver the certification to the Secretary
of State not later than the 57th day before presidential primary
election day (Sec. 191.003, Supp.).
c. statutory instructions
Each political party holding a presidential primary election shall
adopt a rule for allocating delegates based on the results of the
presidential primary election. At least 75 percent of the total number
of delegates who are to represent this State at the party's national
presidential nominating convention, excluding delegates allocated among
party and elected officials, shall be allocated in accordance with the
rule among one or more of the candidates whose names appear on the
presidential election ballot and, if applicable, the uncommitted status
(Sec. 191.007, Supp.).
UTAH
Delegates to National Conventions:
Democratic: 29
Republican: 29
a. manner of selection
No statutory provisions.
b. presidential preference primary
A Western States Presidential Primary is held the first Friday after
the first Monday in March in the year in which a presidential election
will be held (March 10, 2000). As a condition for using the state's
election system, each registered political party wishing to participate
in Utah's Western States Presidential Primary shall: (a) declare their
intent to participate in Utah's Western States Presidential Primary;
(b) identify one or more registered political parties whose members may
vote for the registered political party's candidates and whether or not
persons identified as unaffiliated with a political party may vote for
the registered political party's candidates; and (c) certify that
information to the lieutenant governor no later than 5 p.m. on the June
30 of the year before the year in which the presidential primary will
be held. (Utah Code Annotated, Sec. 20A-9-802, Supp.).
c. statutory instructions
None.
VERMONT
Delegates to National Conventions:
Democratic: 22
Republican: 12
a. manner of selection
Delegates and alternates to national conventions of political parties
are chosen at the respective party State conventions.
The State committee of each party shall call a party convention, under
regulations prescribed by the committee, to be held during the month of
May or June in each presidential year. At such convention, delegates
and alternates to the national convention of such party to the number
apportioned to their State shall be elected (Vermont Statutes
Annotated, Title 17, Sec. 2715, Supp.).
b. presidential preference primary
None.
c. statutory instructions
None.
VIRGINIA
Delegates to National Conventions:
Democratic: 99
Republican: 55
a. manner of selection
The duly constituted authorities of the state political party shall
have the right to determine the method by which the state party will
select its delegates to the national convention to choose the party's
nominees for President and Vice President of the United States
including a presidential primary or another method determined by the
party. The state chairman shall notify the State Board of the party's
determination at least ninety days before the primary date. (Code of
Virginia Annotated, Sec. 24.2-545.A, Supp.).
b. presidential preference primary
Primaries for the nomination of candidates for the office of President
of the United States to be voted on at the November 2000 general
election, and the November general election in each presidential
election year thereafter, shall be held on the last Tuesday in February
preceding the November general election (February 29, 2000). (Code of
Virginia Annotated, Sec. 24.2-544.A, Supp.).
c. statutory instructions
The State Board shall certify the results of the presidential primary
to the state chairman. If the party has determined that its delegates
and alternates will be selected pursuant to the primary, the state of
delegates and alternates of the candidate receiving the most votes in
the primary shall be deemed elected by the state party. If the party
has determined to use another method for selecting delegates and
alternates, those delegates and alternates shall be bound to vote on
the first ballot at the national convention for the candidate receiving
the most votes in the primary unless that candidate releases those
delegates and alternates from such vote. (Code of Virginia Annotated,
Sec. 24.2-545.D, Supp.).
WASHINGTON
Delegates to National Conventions:
Democratic: 94
Republican: 37
a. manner of selection
The State of Washington will hold a presidential preference primary on
May 23, 2000, which will determine the allocation of national
convention delegates to presidential candidates (Revised Code of
Washington Annotated, Sec. Sec. 29.19.020, Supp.). A major political
party may, under national or state party rules, base the allocation of
delegates from this state to the national nominating convention of that
party in whole or in part on the participation in precinct caucuses and
conventions conducted under the rules of that party.
(Sec. 29.19.055(1), Supp.).
b. presidential preference primary
On the fourth Tuesday in May of each year when a President of the
United States is to be nominated and elected, or such other date as may
be selected by the secretary of state to advance the concept of a
regional primary, a presidential preference primary shall be held at
which voters may express their preferences as to who should be the
nominee of a major political party for the office of president
(Sec. 29.19.020, Supp.). The name of any candidate for a major
political party nomination for President of the United States shall be
printed on the presidential preference primary ballot of a major
political party only:
(1) By direction of the secretary of state, who in the secretary's sole
discretion has determined that the candidate's candidacy is generally
advocated or is recognized in national news media; or
(2) If members of the political party of the candidate have presented a
petition for nomination of the candidate that has attached to the
petition a sheet or sheets containing the signatures of at least one
thousand registered voters who declare themselves in the petition as
being affiliated with the same political party as the presidential
candidate. The petition shall be filed with the secretary of state not
later than the thirty-ninth day before the presidential preference
primary. The signature sheets shall also contain the residence address
and name or number of the precinct of each registered voter whose
signature appears thereon and shall be certified in the manner
prescribed in RCW 29.79.200 and 29.79.210.
The secretary of state shall place the name of the candidate on the
ballot unless the candidate, at least thirty-five days before the
presidential preference primary, executes and files with the secretary
of state an affidavit stating without qualification that he or she is
not now and will not become a candidate for the office of President of
the United States at the forthcoming presidential election. The
secretary of state shall certify the names of all candidates who will
appear on the presidential preference primary ballot to the respective
county auditors on or before the fourth Tuesday in April of each
presidential election year (Sec. 29.19.030).
c. statutory instructions
None.
WEST VIRGINIA
Delegates to National Conventions:
Democratic: 42
Republican: 18
a. manner of selection
West Virginia will hold a presidential preference primary on May 9,
2000. The presidential primary is advisory only. Most of the delegates
to the national nominating conventions are elected at the presidential
primary in a separate election.
At the primary election, there shall be elected by the voters of each
political party of the State, in accordance with a plan adopted by the
State party, persons to be delegates to the national convention of the
party to be held next after the date of such primary (West Virginia
Code, Sec. 3-5-2). The plan adopted by each political party of the
State shall state the method, subject to compliance with their national
party rules and not inconsistent with the provisions of this section,
for the election of persons in each congressional district of the State
as delegates to the national convention of the party, for the election
or selection of persons in each congressional district of the State as
alternate delegates to the national convention of the party and for the
selection of all remaining delegates and alternate delegates allocated
to the party in their national convention. Not less than 120 days
before the primary election to be held in the year one thousand nine
hundred ninety-two, and in every fourth year thereafter, the governing
body of each political party of the State shall certify the plan
adopted by the party under signature of the State party chairman and
file with the Secretary of State. Any questions regarding whether such
plan was rightfully adopted by the party shall be resolved by the party
based upon party rules (Sec. 3-5-2).
(1) The voters of each political party shall elect in each
congressional district the number of persons as delegates to the
national convention of the party to which the district is entitled.
(2) If the rules of the national political party do not require the
apportionment of delegates on the basis of their commitment for
President, the persons receiving the highest number of votes as
delegates in any congressional district to the number to which the
district is entitled, shall be elected delegates. After the election of
delegates in each congressional district to the number to which the
district is entitled, the persons receiving the next highest votes in
each congressional district and having qualified, as may be provided in
the plan adopted by the party, shall be elected as alternate delegates
to the number of alternate delegates to which the district is entitled.
(3) If the rules of the national political party require that the
percentage of votes cast for the various presidential candidates
determine the apportionment of committed candidates to be elected as
delegates or alternates, regardless of whether such committed
candidates received the highest number of votes, then the plan adopted
by the political party of the state shall prescribe the number of
delegates and alternates to be elected under such apportionment, the
method by which the apportionment shall be made, and the method by
which the secretary of state shall determine which delegates and
alternates are elected. A committed candidate for delegate to national
convention is one whose preference for a particular presidential
candidate appears on the ballot.
(4) In the event the number of persons elected in the primary election
in a congressional district is less than the number to which the
district is entitled as delegates and alternate delegates to the
national convention of the political party, the governing body of the
political party of the state shall appoint persons from the
congressional district to serve as delegates or alternate delegates to
the national convention of the party unless the rules of the party
otherwise provide.
(5) The number of persons which each of the congressional districts in
the state are entitled to elect as delegates to the national convention
of the political party shall be apportioned among the congressional
districts in the same proportion to the total number of delegates to
the party's national convention elected in all congressional districts
in the state as the population of the congressional district bears to
the total population of the state based upon the census of population
taken by the bureau of the census of the United States department of
commerce in the year one thousand nine hundred ninety, and in every
tenth year thereafter (Sec. 3-5-2).
The official primary ballot at the primary election to be held in the
year one thousand nine hundred ninety-two, and in every fourth year
thereafter shall, following the names of all candidates for delegates
to the national convention of the party, contain the words ``For
election in accordance with the plan adopted by the party and filed
with the secretary of state.'' Unless and until a political party of
the state has adopted and certified a plan for the election of
delegates to the national convention of the party and filed the plan
with the secretary of state, there shall be elected by the voters of
the political party of the state at the primary election to be held in
the year one thousand nine hundred ninety-two, and in each fourth year
thereafter, the number of persons to which the party is entitled as
delegates-at-large, and by the voters of each political party in each
congressional district in the state the number of delegates to which
the district is entitled. The persons receiving the highest number of
votes in the state as delegates-at-large, to the number to which the
state is entitled, shall be elected delegates. The persons receiving
the highest number of votes as delegates in any congressional district,
to the number to which the district is entitled, shall be elected
delegates. Each delegate so elected shall then appoint an individual to
serve as alternate delegate, and shall by registered letter notify the
secretary of state of such appointment within forty days after the
primary election (Sec. 3-5-2).
b. presidential preference primary
An advisory presidential preference primary is scheduled for May 9,
2000. In presidential election years, in addition to the candidates
required to be nominated at the primary election, the qualified voters
of each political party shall have the opportunity of voting for their
choice among those aspiring to be the candidates of their respective
parties for President of the United States. The names of such aspirants
shall be printed on the official election ballot of their respective
parties upon the filing with the Secretary of State of the certificate
of announcement and the filing fee, and the ballot shall be marked and
the vote shall be counted, canvassed and returned under the same
conditions as to names, certificates and other matters, as the names
and certificates of the party aspirants for the party nomination for
the office of Governor (Sec. 3-5-3). A presidential candidate may have
his name placed on the ballot by filing a fee equal to one percent of
the President's annual salary ($4,000) with the Secretary of State
between the second Monday in January and the first Saturday of February
next preceding the primary election day (Sec. Sec. 3-5-7, 3-5-8).
For candidates for delegate to a national convention, the certificate
of announcement must include the name of the presidential candidate to
be listed on the ballot as the preference of the candidate on the first
convention ballot or, a statement that the candidate prefers to remain
``uncommitted'' (Sec. 3-5-7).
c. statutory instructions
None.
WISCONSIN
Delegates to National Conventions:
Democratic: 92
Republican: 37
a. manner of selection
A primary for the expression of presidential preferences will be held
on the first Tuesday in April (April 4, 2000) (Wisconsin Statutes
Annotated, Sec. 8.12 and Sec. 5.02(21), Supp.).
b. presidential preference primary
Wisconsin has scheduled a presidential preference primary to be held on
the first Tuesday in April (April 4, 2000). The presidential primary is
an open primary. National convention delegates are selected by the
major political parties after the primary in a caucus process.
There is a separate ballot for each recognized political party listing
the names of all potential candidates of that party and affording, in
addition, an opportunity to the voter to nominate another potential
candidate by write-in vote or to vote for an uninstructed delegation to
the party convention. The order of such presidential candidates shall
be determined by lot by or under the supervision of the board. Each
voter shall be given the ballots of all the parties participating in
the presidential preference vote, but may vote on one ballot only
(Sec. 5.60(8), Supp.). This is an open type of primary.
No later than 5 p.m. on the first Tuesday in January, or the next day
if Tuesday is a holiday, in each year in which electors for President
and Vice President are to be elected, the State chairperson of each
recognized political party listed on the official ballot at the last
gubernatorial election whose candidate for Governor received at least
10 percent of the total votes cast for that office may certify to the
board that the party will participate in the presidential preference
primary. For each party filing such a certification, the voters of this
State shall at the spring election be given an opportunity to express
their preference for the person to be the presidential candidate of
that party (Sec. 8.12(1)(a)).
A candidate may also have his name placed on the ballot by filing a
petition signed by not less than 1,000 nor more than 1,500 qualified
electors from each congressional district with the board by the Friday
following the last Tuesday in January (Sec. 8.12(1)(c)). No petition
may be filed without the presidential candidate's written consent
(Sec. 8.12(1)(c)).
A special committee shall place the names of all candidates whose
candidacy is generally advocated or recognized in the national news
media throughout the United States on the ballot, and may, in addition,
place the names of other candidates on the ballot. The committee shall
have sole discretion to determine that a candidacy is generally
advocated or recognized in the national news media throughout the
United States (Sec. 8.12(b)).
Candidates nominated by the committee are notified by the board and
must file a disclaimer, stating without qualification that they are not
now and do not intend to become candidates for the presidential
nomination, by the second Thursday following the third Tuesday in
February (Sec. 8.12(1)(d)).
c. statutory instructions
None.
WYOMING
Delegates to National Conventions:
Democratic: 18
Republican: 22
a. manner of selection
Delegates and alternates are elected by the state convention of each
political party (Wyoming Statutes Annotated, Sec. 22-4-118). Delegates
and alternates to the State convention are selected at county
conventions to be held on the first Friday after the first Tuesday of
March in even-numbered years (March 10, 2000). (Sec. Sec. 22-4-106 to
22-4-108). Delegates to county conventions are members of the county
central committee, but the party may provide an alternate method of
selecting such delegates (Sec. 22-4-107).
b. presidential preference primary
None.
c. statutory instructions
None.
B. Delegate Selection for Citizens Abroad and the
Territories
AMERICAN SAMOA [Democrats only] Manner of Selection
Delegates to Democratic National Convention: 6
A caucus process selects the national convention delegates on March 7,
2000.
Delegates to the Republican National Convention: 4 at-large delegates
DEMOCRATS ABROAD
Delegates to Democratic National Convention: 9
Democrats:
In 2000, the Democrats Abroad will utilize a caucus system from March
10-14, 2000 to select 9 delegates from certain sites around the globe.
GUAM
Delegates to National Conventions:
Democratic: 6
Republican: 4
Democrats:
The national convention delegates will be elected by a one-tier caucus/
convention at a mass meeting on May 6, 2000.
Republicans:
The delegates will be elected by caucus-convention on February 26,
2000.
PUERTO RICO
Delegates to National Conventions:
Democratic: 59
Republican: 14
Democrats:
A primary for the expression of presidential preferences and the
election of national convention delegates and alternatives will be held
on the fourth Sunday in March (March 26, 2000).
Republicans:
The Republican Party in Puerto Rico will send 14 at-large delegates to
the national convention. Fourteen delegates are at stake at the
presidential primary on February 27, 2000.
VIRGIN ISLANDS
Delegates to National Conventions:
Democratic: 6
Republican: 4
Democrats:
The Democratic Party in the Virgin Islands will select its delegates by
a caucus-convention process on April 1, 2000.
Republicans:
The Republican Party in the Virgin Islands will select its delegates by
a caucus-convention process on February 26, 2000.
Nomination and Election
Nomination and Election
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PART IV. STATE LAWS RELATING TO THE NOMINATION AND ELECTION OF
PRESIDENTIAL ELECTORS
A. Table of State Electoral College Votes
Alabama.......................... 9 Montana............ 3
Alaska........................... 3 Nebraska........... 5
Arizona.......................... 8 Nevada............. 4
Arkansas......................... 6 New Hampshire...... 4
California....................... 54 New Jersey......... 15
Colorado......................... 8 New Mexico......... 5
Connecticut...................... 8 New York........... 33
Delaware......................... 3 North Carolina..... 14
District of Columbia............. 3 North Dakota....... 3
Florida.......................... 25 Ohio............... 21
Georgia.......................... 13 Oklahoma........... 8
Hawaii........................... 4 Oregon............. 7
Idaho............................ 4 Pennsylvania....... 23
Illinois......................... 22 Rhode Island....... 4
Indiana.......................... 12 South Carolina..... 8
Iowa............................. 7 South Dakota....... 3
Kansas........................... 6 Tennessee.......... 11
Kentucky......................... 8 Texas.............. 32
Louisiana........................ 9 Utah............... 5
Maine............................ 4 Vermont............ 3
Maryland......................... 10 Virginia........... 13
Massachuesetts................... 12 Washington......... 11
Michigan......................... 18 West Virginia...... 5
Minnesota........................ 10 Wisconsin.......... 11
Mississippi...................... 7 Wyoming............ 3
Missouri......................... 11
B. Background of the Electoral College \1\
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\1\ By L. Paige Whitaker, Legislative Attorney, Congressional Research
Service, Library of Congress.''
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The method of electing the President was the subject of considerable
debate among the framers of the Constitution, who were divided over
whether the President should be elected directly by the people or by
the Congress. The adoption of the Electoral College plan was the
product of compromise, whereby the President under Article II of the
Constitution is elected neither directly by the people nor by the
Congress, but is instead chosen by presidential electors appointed for
the purpose. Article II, section 1, clause 2 provides that ``each State
shall appoint, in such Manner as the Legislature thereof may direct, a
Number of Electors, equal to the whole Number of Senators and
Representatives to which the State may be entitled in the Congress.''
The United States Supreme Court noted in McPherson v. Blacker,\2\ that
the Constitution does not provide for the appointment of electors by
popular vote, nor that the electors voted for upon a general ticket,
nor that the majority who vote can alone choose the electors. The
Constitution recognizes that the people act through their
representatives in the legislature and thus leaves it to the
legislature to determine the method of appointing electors. The
appointment and the mode of appointment of electors to the Electoral
College belong exclusively to the States under the Constitution.\3\
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\2\ 146 U.S. 1 (1982).
\3\ Id. at 27.
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Even though the States have discretion in choosing electors, the
Supreme Court has recognized a Federal interest in protecting the
integrity of the Electoral College process. The Court has upheld the
power of Congress to protect voters in exercising their right freely so
that the votes by which the President is elected shall be the free
votes of the electors.\4\ Moreover, Congress' power to protect the
choice of electors from fraud or corruption was sustained in Burroughs
and Cannon v. United States.\5\ In Williams v. Rhodes,\6\ the Court
struck down Ohio's election laws, which effectively limited access to
the ballot to electors of the two major political parties. The Court
found that State laws, enacted pursuant to Article II, Sec. 1 of the
Constitution to regulate the selection of electors, must meet the
requirements of the equal protection clause of the Fourteenth Amendment
and that Ohio's laws relating to the election of presidential electors
taken as a whole were invidiously discriminatory and violated the equal
protection clause in that they gave the two major political parties a
decided advantage over new political parties.\7\
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\4\ Ex Parte Yarbrough, 110 U.S. 651, 662 (1884).
\5\ 290 U.S. 534, 546 (1934).
\6\ 393 U.S. 23 (1968).
\7\ Id at 28-34.
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Pursuant to the authority granted by Article II, Sec. 1, cl. 3 of the
Constitution, Congress sets the date for the election of presidential
electors. By statute Congress has set this date as the Tuesday next
after the first Monday in November, in every fourth year succeeding
every election of a President and Vice President.\8\ The candidates
nominated at the respective conventions for the offices of President
and Vice President are usually, under state law, entitled to have their
names placed on the general election ballot. This is a mere formality
as the President and the Vice President are actually elected by
electors under the Constitution. These electors are State officers who
are nominated and elected according to State law and paid some form of
compensation, usually only necessary traveling expenses, by the
individual States.
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\8\ 3 U.S.C. Sec. 1.
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The practice of the States differs as to the printing of names of
presidential electors on the general election ballot. Some States print
only the names of the electors on the ballot; other States print the
names of both the electors and the presidential and vice presidential
candidates on the ballot; and other States only print the names of the
presidential and vice presidential candidates on the ballot. In most
States where the names of the presidential and vice presidential
candidates are printed on the ballot, the names are taken from the
certificates of nomination required to be filed in nominating electors.
A voter in casting his or her ballot for President and Vice President
is actually voting for electors and not for the presidential and vice
presidential candidates.
Thus, the electors are ``appointed'' by the States under Article II,
Sec. 1, cl. 2 of the Constitution, and by the Congress for the District
of Columbia in accordance with the Twenty-third Amendment. Whichever
slate of electors wins the highest plurality of votes in most States
and the District of Columbia is elected and will later meet on the
first Monday after the second Wednesday in December as an Electoral
College and vote for President and Vice President.\9\
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\9\ See, 3 U.S.C. Sec. 7.
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Except for two states, Maine and Nebraska, presidential and vice
presidential candidates are allotted electors in the States and the
District of Columbia by a winner-take-all method of election rather
than a congressional district method or a proportional method of
election of electors. The State of Maine, however, provides that the
presidential electors of each congressional district shall cast their
ballots for the candidates for President and Vice President who
received the largest number of votes in each congressional district,
and two at-large electors shall cast their ballots for Presidential and
Vice Presidential candidates who received the largest number of votes
in the State. Maine's four electoral votes consequently may be cast for
different candidates.\10\ In 1991, the State of Nebraska enacted a new
law providing that five electors be allotted by congressional district
to each candidate receiving the greatest number of votes in a
congressional district and two electors to the candidate receiving the
greatest number of votes statewide.
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\1\\0\ See Maine Revised Statutes, title 21, Sec. 1184(1)(A).
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C. Summary of State Laws Relating to Presidential Electors
ALABAMA
Presidential Electors: 9
a. nomination
(1) Major parties
The nomination of electors is by party organization. There is no
explicit statutory provision for a primary election to select electors
(Code of Alabama, Sec. 17-19-2). When presidential electors are to be
chosen, the Secretary of State certifies to the judges of probate of
the several counties the names of all candidates for President and Vice
President who are nominated by any national convention (ibid.). The
certificate of nomination must be signed by the presiding officer and
secretary of the convention and by the chairman of the State executive
or central committees making the nomination (ibid.). Each certificate
of nomination and nominating petition must be accompanied by a list of
names and addresses of persons, who are qualified voters, equal to the
number of presidential electors to be chosen (ibid.). Such certificates
must be filed in the office of the Secretary of State no later than the
last day of August preceding the general election (ibid.).
(2) Minor and new parties
Candidates for President and Vice President may be nominated by a
national convention or other like assembly of any political party
(Sec. 17-19-2). The nominating petitions must be filed in the office of
the Secretary of State no later than the last day of August before the
general election (ibid.). The Secretary of State certifies to the
judges of probate of the several counties the names of all candidates
for President and Vice President who are nominated by a national
convention (ibid.). Each certificate of nomination is to be accompanied
by a list of names and addresses of persons equal in number to the
number of presidential electors to be chosen.
(3) Independent candidates
The Secretary of State must certify to the judges of probate of the
several counties the names of candidates for President and Vice
President who are nominated by written petition signed by at least
5,000 qualified voters of the State (Sec. 17-19-2). The nominating
petition is to be filed in the office of the Secretary of State no
later than the last day of August preceding the general election
(ibid.).
Pledge
Each person listed on each certificate of nomination and nominating
petition shall agree that, if elected, he or she shall cast a ballot as
elector for the nominees listed on such certificate (Sec. 17-19-2).
b. names on general election ballots
The names of all candidates for President and Vice President shall be
printed on the official ballots under the emblem of their respective
political parties (Sec. 17-19-3). The names of the electors of the
candidates for President and Vice President shall not be printed upon
the ballots (ibid.).
c. statutory instructions
The electors of President and Vice President are to assemble at the
office of the Secretary of State, at the seat of government at 12:00
o'clock noon on the second Tuesday in December next after their
election, or at that hour on such other day as may be fixed by
Congress, to elect such President and Vice President, and those of them
present at that hour must at once proceed by ballot and plurality of
voters to supply the places of those who fail to attend on that day and
hour (Sec. 17-19-7).
ALASKA
Presidential Electors: 3
a. nomination
(1) Major parties
The nomination of electors is by State party convention or in any other
manner prescribed by the bylaws of the party. The chairman and
secretary of the State convention or any other party official
designated by the party bylaws shall certify a list of names of
candidates for electors to the Lieutenant Governor, on or before
September 1 in presidential election years (Alaska Statutes,
Sec. 15.30.020).
(2) Party pledge
The party shall require from each candidate for election a pledge that
as an elector he will vote for the candidates nominated by the party of
which he is a candidate (Sec. 15.30.040).
(3) Minor parties
A limited political party may be organized for the purpose of selecting
candidates for electors of President and Vice President of the United
States by filing a petition with the Lieutenant Governor at least 90
days before a presidential general election signed by qualified voters
of the State equaling in number at least one percent of the number of
voters who cast ballots for President at the last presidential
election. The petition shall state that the signers intend to organize
a limited political party, that they intend to select candidates for
electors of President and Vice President of the United States at the
next succeeding presidential election, and the name of the limited
political party (Sec. 15.30.025(a)).
A limited political party so organized may not assume a name which is
so similar to an existing political party as to confuse or mislead the
voters at an election. If the director of elections determines that the
name of the limited political party set out in a petition is confusing
or misleading, he may refuse to accept the petition for filing
(Sec. 15.30.025(b)).
A limited political party organized under this section shall cease to
be a political party whenever its presidential candidate fails to
receive at least 3 percent of the number of voters who cast ballots for
the office of President at a presidential election (Sec. 15.30.025(c)).
Presidential electors may be nominated by political parties in Alaska
(Sec. 15.30.020).
b. names on general election ballots
Names of candidates are printed on the ballots and a vote marked for
the candidates for President and Vice President is considered and
counted as a vote for the presidential electors of the party
(Sec. Sec. 15.15.030(7), 15.30.050).
c. statutory instructions
The electors shall meet at the office of the Lieutenant Governor or
other place designated by him at 11:00 o'clock in the morning on the
first Monday after the second Wednesday in December following their
election. They shall proceed to cast their votes for the candidates for
the office of President and Vice President of the party which selected
them as candidates for electors and shall perform the duties of
electors as required by the Constitution and laws of the United States
(Sec. Sec. 15.30.070, 15.30.090).
ARIZONA
Presidential Electors: 8
a. nomination
(1) Major parties
Electors are nominated at the general State primary held on the eighth
Tuesday prior to the general election, i.e., September 12, 2000
(Arizona Revised Statutes, Sec. 16-201). The nomination paper of a
candidate for presidential elector shall be filed with the Secretary of
State no later than 5:00 p.m. on the last date for filing, not less
than 90 days or more than 120 days before the primary election
(Sec. 16-344, 16-311E). The chairman of the State committee of a
political party which is qualified for continued represention on the
ballot as provided in Sec. 16-804 shall appoint candidates for the
office of presidential elector equal to the number of United States
Senators and Representatives in Congress from this State and shall file
a nomination paper and affidavit for each candidate in compliance with
the requirements for candidates as provided in Sec. 16-311. (Sec. 16-
344, Supp.).
(2) Minor and new parties
A new political party may become eligible for recognition and shall be
represented by an official party ballot at the next ensuing regular
primary election and accorded a column on the official ballot at the
succeeding general election upon filing with the Secretary of State a
petition signed by a number of qualified electors equal to not less
than one and one-third percent of the votes cast for governor or
presidential electors at the last preceding general election (Sec. 16-
801).
(3) Independent candidates
A nominating petition, signed by at least three percent of the
qualified electors of the State who have not signed the nomination
petitions of a candidate for the office to be voted for at the last
primary election and who are not members of a political party that
qualified to be represented on the primary and general election ballot.
The nominating petition is to be filed with the Secretary of State no
later than 5:00 p.m. not less than 90 nor more than 120 days before the
primary election for that office. (Sec. 16-341(C), 16-311(A), Supp.).
b. names on general election ballots
When presidential electors are to be voted for, the candidates therefor
of each party shall be grouped and printed together, arranged in each
group in alphabetical order, and the entire group of electors of each
party shall be enclosed in a scroll or bracket to the right and
opposite the center on which shall be printed in bold type the surname
of the presidential candidate represented. To the right of and on a
line with the surname shall be placed a square in which the voter may
indicate his choice by the mark X, and one such mark opposite a group
of presidential electors shall be counted as vote for each elector in
such group (Sec. 16-507).
c. statutory instructions
None.
ARKANSAS
Presidential Electors: 6
a. nomination
(1) Major parties
In each year in which a President and Vice President of the United
States are chosen, each political party or group in the State shall
choose by its State convention electors of President and Vice President
of the United States (Arkansas Code Annotated, Sec. 7-8-302, Supp.).
The State convention of such party or group shall also choose electors
at large, if any are to be appointed for the State and such State
convention of such party or group shall by its chairman and secretary
certify the total list of such electors together with electors at large
so chosen to the Secretary of State. The certificate shall be filed no
later than September 15 (Sec. 7-8-302, Supp.). The filing of such
certificate with said Secretary of State, of such choosing of electors
shall be deemed and taken to be the choosing and selection of the
electors of this State, if such party or group is successful at the
polls as herein provided in choosing their candidates for President and
Vice President of the United States (Sec. 7-8-302, Supp.). The
certification by the parties of electors is to be made to the Secretary
of State within two days after the state convention. Sec. 7-8-
302(1)(C).
(2) Minor and new parties
In order to have the name of a party's candidates for President and
Vice President printed on the ballots, a political party shall nominate
by primary election. A new political party formed pursuant to petition
process may nominate by convention if the presidential election is the
first general election after certification as a party. Sec. 7-8-
302(5)(A). A political group desiring to have the names of its
candidates for President and Vice President printed on the ballot shall
file a petition with the Secretary of State by noon of the first Monday
in August containing one thousand qualified electors declaring their
desire to have the names of their candidate for President and Vice
President printed on the ballot. 7-8-302(B).
(3) Independent candidates
Any person desiring to have his name placed upon the ballot as an
independent candidate without political party affiliation for any
State, county, township or district office, shall in any general
election in this State file as an independent candidate a notice of
candidacy identifying the elective office, and a nominating petition
not later than twelve o'clock (12:00) noon on the third Tuesday in
March immediately preceding the preferential primary election, and
shall furnish at the time he files as an independent candidate
[petitions] signed by not less than three percent (3%) of the qualified
electors of the State, or 10,000 signatures of qualified electors
whichever is the lesser, each of whom shall be a registered voter and
such petitions shall be directed to the official with whom such person
is required by law to file nomination certificates to qualify as a
candidate, requesting that the name of such person be placed on the
ballot for election to the office mentioned in the petition. Such
petitions shall be circulated not earlier than sixty (60) calendar days
prior to the deadline for filing such petitions to qualify as an
independent candidate (Sec. Sec. 7-7-103(b), 7-6-102(a)).
b. names on general election ballots
The names of candidates of political parties or groups for electors of
the President and Vice President shall not be printed on the general
election ballot. In lieu thereof, the names of the candidates for
President and Vice President with the particular party designation of
each shall be so printed. A vote for the presidential and vice
presidential candidates shall be deemed to be a vote for the electors
thereof (Sec. 7-8-302(4)(A)).
If more than one certificate of choice and selection of electors of the
same political party or group is filed, the constitutional officers of
the State shall determine which set was chosen by the authorized
convention of a party or group (Sec. 7-8-302(2)(A)).
c. statutory instructions
The electors shall meet at the office of the Secretary of State in the
State capitol at the time appointed by the laws of the United States at
10:00 a.m., and give their votes for President and Vice President of
the United States, and perform such duties as are or may be required by
law (Sec. 7-8-306).
CALIFORNIA
Presidential Electors: 54
a. nomination
(1) Established political parties (Cal. Election Code, Sec. 6901).
(a) Democratic Party
In each year of the general election at which electors of President and
Vice President of the United States are to be chosen, each
congressional nominee shall designate one presidential elector and
shall file his or her name, residence and business address with the
Secretary of State by October 1 of the presidential election year. Each
United States senatorial nominee, determined by the last two United
States senatorial elections, shall designate one presidential elector
and shall file his or her name, residence and business address with the
Secretary of State by October 1 of the presidential election year. In
the event there is no United States senatorial nominee or no
congressional nominee in any particular district, the State chairman
shall designate one presidential elector for each vacancy and shall
file his or her name, residence and business address with the Secretary
of State by October 1 of the presidential election year (Cal. Election
Code, Sec. 7100).
(b) Republican Party
In each year of the general election at which electors of President and
Vice President of the United States are to be chosen, the Republican
nominees for Governor, Lieutenant Governor, Treasurer, Controller,
Attorney General, and Secretary of State, the Republican nominees for
United States Senator at the last two United States senatorial
elections, the Assembly Republican leader, the Senate Republican
leader, all elected officers of the Republican State Central Committee,
the National Committeeman and National Committeewoman, the President of
the Republican County Central Committee Chairmen's Association, and the
chairman or president of each Republican volunteer organization
officially recognized by the Republican State Central Committee shall
act as presidential electors, except that Senators, Representatives,
and persons holding an office of trust or profit of the United States
shall not act as electors. The remaining presidential elector
positions, and any vacant positions, shall be filled by appointment of
the Chairman of the Republican State Central Committee in accordance
with the bylaws of the committee. The name, residence and business
address of each such appointee shall be filed with the Secretary of
State by October 1st of the presidential election year. The Republican
State Central Committee shall adopt bylaws implementing the provisions
of this section (Cal. Election Code, Sec. 7300).
(2) Minor and new parties
(c) American Independent Party
The convention shall nominate electors of President and Vice President
and certify to Secretary of State. (Cal. Election Code, Sec. 7578)
(d) Peace and Freedom Party
The convention meeting of the State Central Committee shall nominate
electors of President and Vice President, 50 percent of whom shall be
women, and 50 percent men. (Cal. Election Code, Sec. 7843).
Minor and new parties select their candidates for presidential electors
at respective State conventions and certify the names of the electors
nominated to the Secretary of State in a similar method as any
established party. (Cal. Election Code, Sec. 5006).
(3) Independent candidates
Whenever a group of candidates for presidential electors, equal in
number to the number of presidential electors to which this State is
entitled, files a nomination paper with the Secretary of State pursuant
to this chapter, the nomination paper may contain the name of the
candidate for President of the United States and the name of the
candidate for Vice President of the United States for whom all of those
candidates for presidential electors pledge themselves to vote
(Sec. 8303).
When a group of candidates for presidential electors designates the
presidential and vice presidential candidates for whom all of the group
pledge themselves to vote, the names of the presidential candidate and
vice-presidential candidate designated by that group shall be printed
on the ballot pursuant to Chapter 2. (Sec. 8304).
Nomination papers for a statewide office for which the candidate is to
be nominated shall be signed by voters of the State equal to not less
in number than one percent of the entire number of registered voters of
the State at the time of the close of registration prior to the
preceding general election (Sec. 8400).
Nomination papers shall be prepared, circulated, signed and delivered
to the county elections official for examination no earlier than 148
days before the election and no later than 5:00 p.m. 88 days before the
election (Sec. 8403).
b. names on general election ballots
The names of the candidates for President and Vice President of the
several political parties are printed on the ballot. Names of the
candidates for electors shall not be printed on the ballot
(Sec. Sec. 13103, 13109, 13111).
c. statutory instructions
The electors chosen shall assemble at the State Capitol at 2:00 o'clock
in the afternoon on the first Monday after the second Wednesday in
December next following their election (Sec. 6904).
In case of the death or absence of any elector chosen, or if the number
of electors is deficient for any other reason, the electors then
present shall elect, from the citizens of the State, as many persons as
will supply the deficiency (Sec. 6905).
The electors, when convened, if both candidates are alive, shall vote
by ballot for that person for President and that person for Vice
President of the United States, who are respectively, the candidates of
the political party which they represent, one of whom, at least, is not
an inhabitant of this State (Sec. 6906).
COLORADO
Presidential Electors: 8
a. nomination
(1) Major parties
The nomination of presidential electors may be by State party
convention, or a committee authorized by such convention, or by
petition for nomination of an independent candidate (Colorado Revised
Statutes, Sec. Sec. 1-4-302, 1-4-701). Any convention of delegates of a
political party or any committee authorized by resolution of such
convention may nominate presidential electors. All nominations for
vacancies for presidential electors made by the convention or a
committee authorized by such convention shall be certified by affidavit
of the presiding officer and secretary of the convention or committee
(Sec. 1-4-302).
(2) Minor and new parties
A minor political party is a party other than a major political party
which has satisfied one of the conditions in Sec. 1-4-130(1) or has
submitted a petition according to 1302. A ``major political party''
means one whose candidate for Governor at the last preceding
gubernatorial election received at least ten percent of the total votes
cast. (Sec. 1-1-104 (22), as amended by Colorado Session Laws, Ch. 95,
1998).``Political organization'' means any group of qualified electors
who, by petition for nomination of an independent candidate as provided
in section 1-4-801, places upon the official general election ballot
nominees for public office (Sec. 1-1-104(24)).
Minor political parties may nominate candidates for presidential
electors in the same manner as major political parties. Groups of
voters which do not qualify as a major or minor political party may
nominate candidates for presidential electors in the same manner as
independent candidates (Sec. Sec. 1-4-302, 303).
(3) Independent (unaffiliated) candidates
Not later than 120 days before the general election, persons who desire
to be an unaffiliated candidate for President and Vice President shall
submit to the Secretary of State either a notarized candidate's
statement of intent with a non-refundable filing fee, or a petition for
nomination pursuant to the provisions of section 1-4-802 which shall
include on the petition the names of registered electors who are thus
nominated as presidential electors. The acceptance of each of the
electors shall be endorsed as appended to the first or last page of the
nominating petition or the filing fee (Sec. 1-4-303).
Candidates for public offices to be filled at a general election who do
not wish to affiliate with a political party may be nominated, other
than by a primary election or a convention, in the following manner:
(a) A petition for nominating independent candidates shall be prepared
which shall contain the names and addresses of any candidates for the
offices to be filled. The petition shall designate in not more than
three words the political or other name which the signers select. No
name of any political party shall be used, in whole or in part, for
this purpose.
(b) In the case of nominations for electors of President and Vice
President of the United States, the names of the candidates for
President and Vice President may be added to the political or other
name designated on the petition.
(c) The petition shall be signed by registered electors residing within
the district or political subdivision in which the officers are to be
elected to the number of at least five thousand for the office of
President and the office of Vice President.
(d) No petition, except petitions for candidates for vacancies to
unexpired terms of Representatives in Congress and for presidential
electors, shall be circulated or any signatures obtained thereon
earlier than one hundred sixty five days before the general election.
Petitions shall be filed not later than 3 p.m. on the 120th day before
the general election or 3 p.m. on the fifty-fifth day preceding the
congressional vacancy election.
(g) No person shall be placed in nomination by petition unless the
person is a registered elector of the political subdivision or district
in which the officer is to be elected and unless he was registered as
unaffiliated, as shown on the books of the county clerk and recorder,
for at least twelve months prior to the last date the petition maybe
filed; except that, if such nomination is for a nonpartisan election,
such person shall be a registered elector of such political subdivision
or district and be a registered elector, as shown on the books of the
county clerk and recorder, on the date of the earliest signature on the
petition (Sec. 1-4-802, as amended by Colorado Session Laws, Ch. 211,
1999).
b. names on general election ballots
The names of the presidential electors shall not be printed upon the
ballot, but the names of the candidates of their respective parties or
political groups for President and Vice President shall be printed
together in pairs under the title ``Presidential Electors.'' A vote for
any such pair of candidates shall be a vote for the electors of the
party or political group by which such candidates were named (Sec. 1-5-
403)(2)).
c. statutory instructions
The electors of President and Vice President of the United States shall
convene at the capital of the State, in the office of the Governor at
the capitol building, on the first Monday after the second Wednesday in
December next after their election at the hour of twelve noon and take
the oath required by law for such presidential electors. If there is
any vacancy in the office of presidential electors occasioned by death,
refusal to act, absence, or other cause, the presidential electors
present shall immediately proceed to fill such vacancy in the Electoral
College. When the vacancies have been filled, they shall proceed to
perform the duties required of such presidential electors by the
Constitution and laws of the United States, and vote for President and
Vice President by open ballot.
The Secretary of State shall give notice in writing to each of the
presidential electors, at least ten days prior thereto, of the time and
place of said meeting. The Secretary of State shall provide such
presidential electors with the necessary blanks, forms, certificates,
or other papers or documents required to enable them to properly
perform their duties. If desired, such presidential electors may have
the advice of the Attorney General of the State respecting their
official duties. Each presidential elector shall vote for the pair of
presidential and vice presidential candidates who received the highest
number of votes at the preceding general election in this State.
(Sec. 1-4-304).
Every presidential elector of this State who attends and gives his vote
for those officers at the time and place appointed by law shall be
entitled to receive the sum of five dollars per day for each day's
attendance at such election and fifteen cents per mile for each mile he
travels in going to and returning from the place where the electors
meet, by the most usual route traveled, to be paid out of the general
fund. The controller shall audit the amount and draw his warrant for
the same (Sec. 1-4-305).
CONNECTICUT
Presidential Electors: 8
a. nomination
(1) Major parties
The electors in the several towns in the State, at the State election
in 1964, and quadrennially thereafter, shall elect electors of
President and Vice President of the United States, not exceeding in
number the whole number of Senators and Representatives to which the
State is then entitled in the Congress of the United States. Voting
shall be conducted and the result declared, and the returns thereof
made, as is provided in respect to State elections. The Secretary of
State shall, on or before the first Monday of October of the year in
which such presidential electors are to be elected, transmit blank
forms to the several town clerks for the return of the votes; and the
lists and returns of the votes shall be made out, certified and
directed according to such forms (Connecticut General Statutes
Annotated, Sec. 9-175).
Generally the nomination of electors of President and Vice President is
by political conventions of the respective major parties (Sec. 9-175).
(2) Minor and new parties
A minor party is a political party or organization which is not a major
party and whose candidate for the office in question received at the
last-preceding regular election for such office, under the designation
of that political party or organization, at least one per cent of the
whole number of votes cast for all candidates for such office at such
election (Sec. 9-372(6)).
At least one copy of the party rules regulating the manner of
nominating its candidates must be filed with the Secretary of State at
least 60 days before the nomination (Sec. 9-374; 9-451).
(3) Independent candidates
An individual may also obtain a place on the election ballot label by
nominating petition. No name of any candidate shall be printed on any
official ballot at any election except the name of a candidate
nominated by a major or minor party unless a nominating petition for
such candidate is approved by the Secretary of State as provided in
sections 9-453a to 9-453p, inclusive (Sec. 9-379).
Application must be accompanied by a signed statement of candidate's
consent and the party designation, if any. Signatures of qualified
voters are required, equal in number to the lesser of one percent of
all votes cast for the same office at the last preceding election for
such office, or seven thousand five hundred. The petition should be
filed with the town clerk of each town in which it was circulated at
least 10 weeks before election with a statement of each circulator of
the nominating petition (Sec. Sec. 9-453b to 9-453d, 9-453i).
(4) Write-in presidential and vice presidential candidates
In the case of a write-in candidate for President of the United States,
such candidate may register his candidacy with the Secretary of the
State by submitting his name and the names of a vice presidential
candidate and candidates for the office of elector in a number not
exceeding the whole number of electors to which the State is then
entitled. Such registration shall be on a form prescribed by the
Secretary of the State, which form shall include a statement of consent
to being a candidate by each proposed candidate for elector and by the
candidate for Vice President. Such registration shall not include a
designation of political party. A candidate for President may register
at any time after January first of the election year and not later than
four o'clock p.m. on the fourteenth day preceding the election at which
the offices of presidential elector and vice presidential elector are
being contested. If a candidate has so registered, a vote may be cast
by write-in ballot for such candidate by writing in the last name of
the candidate for President and the last name of the candidate for Vice
President or only the last name of the candidate for President; such
write-in ballot shall be counted, and shall be in all respects
effective, as a vote for of the presidential electors representing such
candidates for President and Vice President. No person nominated for
the office of President, or presidential elector by a major or minor
party or by nominating petition shall register as a write-in candidate
for such office under the provisions of this section and any such
registration of a write-in candidacy filed by such a person shall be
void (Sec. 9-175(b)).
b. names on general election ballots
When an election is to be held for the choice of presidential electors,
if any political party has nominated candidates for President and Vice
President of the United States, and presidential electors to vote for
such presidential and vice presidential candidates have been nominated
by a political convention of such party in this State, or in such other
manner as entitles the names of such electors to be placed upon the
official ballots to be used in such election, the Secretary of State
and any other official charged with the preparation of official ballots
to be used in such election, in lieu of placing the names of such
presidential electors on such official ballots, shall place on such
official ballots a space with the words ``Presidential electors for
(here insert the last name of the candidate for President, the word
`and' and the last name of the candidate for Vice President)''; and a
vote cast therefor shall be counted, and shall be in all respects
effective, as a vote for each of the presidential electors representing
such candidates for President and Vice President (Sec. 9-175).
c. statutory instructions
The presidential electors shall meet at the office of the Secretary of
the State at 12:00 o'clock noon, on the first Monday after the second
Wednesday of the December following their election and, as required by
the Constitution and laws of the United States, shall cast their
ballots for President and Vice President. Each such elector shall cast
his ballots for the candidates under whose names he ran on the official
election ballot, as provided in section 9-175. If any such elector is
absent or if there is a vacancy in the Electoral College for any cause,
the electors present shall, before voting for President and Vice
President, elect by ballot an elector to fill such vacancy, and the
person so chosen shall be a presidential elector, shall perform the
duties of such office and shall cast his ballots for the candidates to
whom the elector he is replacing was pledged (Sec. 9-176).
DELAWARE
Presidential Electors: 3
a. nomination
(1) Political parties
The method of nominating candidates for the national Electoral College,
. . . and for formulation of the party platform may be by convention.
(Title 15, Sec. 3113).
The nominations of the candidates for electors of President and Vice
President of the United States, together with the names of the
candidates for President and Vice President, and for United States
Senator, Representative in Congress, Governor and all other State
offices shall be certified to the State Election Commissioner by the
presiding officer and secretary of the State convention or committee of
each political party eligible to place candidates upon the ballot. The
Commissioner shall forthwith send copies of each certificate of
nomination to each county department of elections (Delaware Code
Annotated, tit. 15, Sec. 3301(a)).
No candidate for the office of elector of President and Vice President
shall be deemed nominated and no certificate of nomination for such
candidate shall be made or filed, nor shall the name of any such
candidate be placed on the ballot in any general election in this
State, unless the candidate:
(a) shall have been so nominated by receiving more than 50% of the
eligible delegate vote on the final polled vote of a State nominating
convention of the political party advancing his candidacy, at a
convention held not later than the fourth Saturday in August in the
year of such general election and who was not required to run in a
primary election; or
(b) shall have received a majority of the votes cast by registered
voters of the political party advancing his candidacy at a statewide
primary election held pursuant to Chapter 31 of this title (tit. 15,
Sec. 3301(d)).
``Party'' or ``Political Party'' in Delaware is defined as any
political organization which nominates candidates for electors of
President and Vice President, or nominates candidates for offices to be
decided at the general election, and elects a State committee and
officers of a State committee, by a State convention composed of
elected members from each representative district, in which the party
has registered members (tit. 15, Sec. 101(13)).
(2) Unaffiliated Candidates
Unaffiliated candidates may appear on the general election ballot if
such candidate files a declaration of candidacy that he is
unaffiliated, has been for at least three months prior to filing, and
files a nominating petition signed by not less than 1 percent of the
total number of voters registered, as of December 31 of the year
immediately preceding the general election. (tit. 15, Sec. 3002).
b. names on general election ballots
Nominees of any party and qualifying unaffiliated candidates for
President and Vice President are placed on the ballot. A vote for the
candidates for President and Vice President shall be a vote for the
electors of such party, the names of whom are on file with the
Secretary of State (tit. 15, Sec. Sec. 4502; 5704).
c. statutory instructions
The Governor in October next preceding every election of presidential
electors shall by proclamation make known the number of presidential
electors to be chosen and the day of the election (tit. 15, Sec. 4302).
The electors chosen or appointed for the election of a President and
Vice President shall meet and give their votes at Dover on the day
determined by Congress for that purpose (tit. 15, Sec. 4303).
DISTRICT OF COLUMBIA
Presidential Electors: 3
a. nomination
(1) Major parties
Each political party who has had its candidate elected as President of
the United States after January 1, 1950, shall be entitled to nominate
candidates for presidential electors. The executive committee of the
organization recognized by the national committee of each such party as
the official organization of that party in the District of Columbia
shall nominate by appropriate means the presidential electors for that
party. Nominations shall be made by message to the Board of Elections
and Ethics on or before September 1 next preceding a presidential
election. (District of Columbia Code, Sec. 1-1312(d))
No person may be elected as a presidential elector in the District
unless (a) he is a registered voter in the District, and (b) he has
been a bona fide resident of the District for a period of 3 years
immediately preceding the date of the presidential election (Sec. 1-
1312(g)).
(2) Minor and new parties
A minor party is a party which has not had its candidate elected as
President of the United States after January 1, 1950 (Sec. 1-1312(d)).
A minor or a new party may have the names of its candidates for
President and Vice President of the United States printed on the
general election ballot provided a petition nominating the appropriate
number of candidates for presidential electors signed by at least one
percent of registered qualified electors of the District of Columbia,
as of July 1 of the year in which the election is to be held is
presented to the Board on or before the third Tuesday in August
preceding the date of the presidential election (Sec. 1-1312(f)).
(3) Independent candidates
No provision.
b. names on general election ballots
The names of the candidates of each political party for President and
Vice President shall be placed on the ballot under the party title and
device. The names of persons nominated as candidates for electors of
President and Vice President shall not appear on the ballot (Sec. 1-
1312(e)). Each vote cast for the candidate for President or Vice
President whose name appears on the general election ballot shall be
counted as a vote cast for the candidates for presidential electors of
the party supporting such presidential and vice presidential candidate
(Sec. 1-1314(a)(2)).
c. statutory instructions
Each person elected as elector of President and Vice President shall,
in the presence of the Board of Elections, take an oath or solemnly
affirm that he will vote for the candidates of the party he has been
nominated to represent, and it shall be his duty to vote in such manner
in the Electoral College (Sec. 1-1312(g)).
FLORIDA
Presidential Electors: 25
a. nomination
(1) Major parties
The Governor shall nominate the presidential electors of each political
party. He shall nominate only the electors recommended by the State
executive committee of the respective political party. Each such
elector shall be a qualified elector of the party he represents who has
taken an oath that he will vote for the candidates of the party that he
is nominated to represent. The Governor shall certify to
the Department of State on or before September 1, in each presidential
election year, the names of a number of electors for each political
party equal to the number of Senators and Representatives which this
State has in Congress (Florida Statutes Annotated, Sec. 103.021(1)).
(2) Minor and new parties
A minority political party is any such group, as defined above, which
on January 1 preceding a primary election does not have registered as
members five percent of the total registered electors of the State
(Sec. 97.021(14)). A minor political party may have the names of its
candidates for President and Vice President printed, and independent
candidates for President and Vice President may have their names
printed, on the general election ballots if a petition is signed by one
percent of the registered electors of this State, as shown by the
compilation by the Department of State for the last preceding general
election. A separate petition from each county for which signatures are
solicited shall be submitted to the supervisor of elections of the
respective county no later than July 15 of each presidential election
year. The supervisor shall check the names and, on or before the date
of the first primary, shall certify the number shown as registered
electors of the county. The supervisor shall be paid by the person
requesting the certification the cost of checking the petitions as
prescribed in section 99.097. The supervisor shall then forward the
certificate to the Department of State which shall determine whether or
not the percentage factor required in this section has been met. When
the percentage factor required in this section has been met, the
Department of State shall order the names of the candidates for whom
the petition was circulated to be included on the ballot and shall
permit the required number of persons to be certified as electors in
the same manner as other party candidates (Sec. 103.021(3)).
Any minor political party which has met the petitioning requirements of
section 99.096 (signatures of three percent of registered electors) and
will have the names of a candidate or candidates for any office or
offices to be filled by a statewide election printed on the general
election ballot, and which minor party is affiliated with a national
party holding a national convention to nominate candidates for
President and Vice President of the United States, may have the names
of its candidates for President and Vice President of the United States
printed on the general election ballot by filing with the Department of
State a certificate naming the candidates for President and Vice
President and listing the required number of persons to serve as
electors. Notification to the Department of State under this subsection
shall be made by September 1 of the year in which the election is held.
When the Department of State has been so notified, it shall order the
names of the candidates for whom the petition was circulated to be
included on the ballot and shall permit the required number of persons
to be certified as electors in the same manner as other party
candidates (Sec. 103.021(4)).
(3) Write-in candidates
Persons seeking to qualify for election as write-in candidates for
President and Vice President of the United States may have a blank
space provided on the general election ballot for their names to be
written in by filing an oath with the Department of State at any time
after the 57th day, but before noon of the 49th day, prior to the date
of the first primary election in the year in which a presidential
election is held. The Department of State shall prescribe the form to
be used in administering the oath. The candidates shall file with the
department a certificate naming the required number of persons to serve
as electors. Such write-in candidates shall not be entitled to have
their names on the ballot (Sec. 103.022).
b. names on general election ballots
On the ballot shall be printed the heading ``Electors for President and
Vice President'' and thereunder the names of the candidates for
President and Vice President nominated by the political party which
received the highest vote for Governor in the last general election of
the Governor in the State, above which shall appear the name of the
said party, then shall appear the names of other candidates for
President and Vice President who have been properly nominated
(Sec. 101.151(3)).
c. statutory instructions
Each presidential elector shall, before 10 a.m. on the day fixed by
Congress to elect a President and Vice President, give notice to the
Governor that he is in Tallahassee and ready to perform the duties of
presidential elector. The Governor shall forthwith deliver to the
presidential electors present a certificate of the names of all the
electors; and if, on examination thereof, it should be found that one
or more electors are absent, the electors present shall elect by
ballot, in the presence of the Governor, a person or persons to fill
such vacancy or vacancies as may have occurred through the
nonattendance of one or more of the electors (Sec. 103.061).
GEORGIA
Presidential Electors: 13
a. nomination
(1) Major parties
Any political party desiring to nominate its presidential electors by
convention, any political body desiring to nominate its candidates
qualifying with petitions by convention shall through its State
executive committee, adopt rules and regulations governing the holding
of such conventions for such nomination of candidates. Such rules and
regulations shall be filed with the Secretary of State, and no
amendment to such rules and regulations shall be effective unless filed
with the Secretary of State at least 30 days prior to the date of such
convention. The State party or body chairman of such political party or
body and its secretary shall accompany the filing of such rules and
regulations with their certificate certifying that the rules and
regulations therein filed are a true and correct copy of the rules and
regulations of the party pertaining to the nomination of candidates by
the convention method (Code of Georgia Annotated, Sec. 21-2-172,
Supp.).
Political bodies shall hold their conventions in accordance with Code
Section 21-2-172 and candidates nominated for statewide public office
in convention shall file a notice of candidacy no earlier than 9:00
a.m. fourth Monday in June and no later than 12:00 noon on the Friday
following the fourth Monday in June; provided, however, that the
political body must file its qualifying petition no later than 12:00
noon on the second Tuesday in July following the convention as
prescribed in Code Section 21-2-172 in order to qualify its candidates
to be listed on the general election ballot (Sec. 21-2-187, Supp.).
(2) Minor and new parties
Political parties polling less than 20 percent of the vote cast at the
preceding general election are known as ``political organizations.''
``Political party'' is defined as a political organization whose
candidate at the preceding gubernatorial election polled at least 20
percent of the total vote cast in the State for Governor or who
nominated a candidate for President at the preceding presidential
election and whose candidates for presidential electors polled at least
20 percent of the total vote cast in the nation for that office
(Sec. 21-2-2 (20), (21), (24), (25)).
Any candidate required to have his notice of candidacy be sent with the
nomination petition must file his notice of candidacy and an affidavit
no later than 12:00 noon on the Friday following the fourth Monday in
June prior to the general election (Sec. 21-2-132, Supp.).
All candidates are required to accompany their notice of candidacy with
a nomination petition unless the candidate is either a nominee of a
political party for the office of presidential elector when such party
has held a national convention and nominated candidates for President
and Vice President of the United States, or the nomineee of a political
party nominated in a primary held by such party (Sec. 21-2-132, Supp.).
The nominating petitions must be signed by not less than 1 percent of
the voters eligible to vote in the next election for the filing of the
office the candidate is seeking. (Sec. 21-2-170(b), Supp.). The persons
signing must declare that they are so qualified (Sec. 21-2-170, Supp.).
Such nominating petition offered by a political body seeking to have
the names of their candidates for presidential electors placed on the
ballot shall be compiled so that the entire slate of candidates shall
be listed together on the same petition (Sec. 21-2-170(c), Supp.).
(3) Independent candidates
A person can become a candidate for Federal or State office by filing a
notice of candidacy with the Secretary of State no earlier than 9:00
a.m. on the fourth Monday in June immediately prior to the election,
and no later than 12:00 noon on the Friday following the fourth Monday
in June preceding the general election (Sec. 21-2-132(c), Supp.). A
nomination petition for a slate of electors must be signed by a number
of voters equal to 1 percent of the total number of registered voters
eligible to vote in the last presidential election (Sec. 21-2-170(b),
Supp.). The nomination petition is filed at the same time as the notice
of candidacy.
A candidate must file with the notice of candidacy an affidavit stating
among other things that he is an elector of the county of his residence
eligible to vote in the election in which he is a candidate and that he
is eligible to hold such office (Sec. 21-2-132(e), Supp.).
b. names on general election ballots
When presidential electors are to be elected, the names of the nominees
of each political party or body for such offices shall be arranged
alphabetically under the names of the candidates of the party or body
for President and Vice President of the United States. (Sec. 21-2-
285(e)).
c. statutory instructions
The presidential electors shall assemble at the seat of government of
the State at 12:00 o'clock noon of the day which is, or may be,
directed by the Congress of the United States, and shall then and there
perform the duties required of them by the Constitution and laws of the
United States (Sec. 21-2-11).
HAWAII
Presidential Electors: 4
a. nomination
(1) Major parties
In each year when electors of President and Vice President of the
United States are to be chosen, each of the political parties or
parties or groups qualified under section 11-113 of the Hawaii Revised
Statutes, shall hold a State party or group convention pursuant to the
constitution, bylaws, and rules of the party or group; and nominate as
candidates for its party or group as many electors, and a first and
second alternate for each elector, or President and Vice President of
the United States as the State is then entitled. The electors and
alternates shall be registered voters of the State. The names and
addresses of the nominees shall be certified by the chairman and
secretary of the convention of the respective parties or groups and
submitted to the chief election officer not later than 4:30 p.m. on the
sixtieth day prior to the general election of the same year. The chief
election officer upon receipt thereof shall immediately notify each of
the nominees for elector and alternate elector of the nomination
(Hawaii Revised Statutes, Sec. 14-21).
If more than one certificate of choice and selection of presidential
electors and alternate electors of the same political party or group is
filed with the chief election officer, as chairman of the contested
presidential electors' committee hereby constituted, the chief election
officer shall notify the State Comptroller and Attorney General, who
are the remaining members of the committee, of the date, time, and
place of the hearing to be held for the purposes of making a
determination of which set of electors and alternate electors were
lawfully chosen and selected by the political party or group. Notice of
the hearing shall be given to the chairman of the State central
committee of each political party and the chairman of each party or
group qualified under section 11-113 of the Hawaii Revised Statutes,
contestants for the positions of electors and alternate electors by
written notice, and to all other interested parties by publication at
least once in a newspaper of general circulation. A determination shall
be made by the committee by majority vote not later than 4:30 p.m. on
October 30 of the same year and the determination shall be final.
Notice of the results shall be given to the nominees duly determined to
have been chosen (Sec. 14-22).
(2) Minor and new parties
(a) The term ``political party'' means any party which has qualified as
a political party under sections 11-62 and 11-64 and has not been
disqualified by this section. A political party shall be an association
of voters united for the purpose of promoting a common political end or
carrying out a particular line of political policy and which maintains
a general organization throughout the State, including a regularly
constituted central committee and county committees in each county
other than Kalawao.
(b) Any party which does not meet the following requirements or the
requirements set forth in sections 11-62 to 11-64, shall be subject to
disqualification:
(1) A party must have had candidates running for election at the last
general election for any of the offices listed in paragraph (2) whose
terms had expired. This does not include those offices which were
vacant because the incumbent had died or resigned before the end of the
incumbent's term; and
(2) The party received at least ten percent of all votes cast:
(A) For any of the offices voted by all the voters in the State;
(B) In at least fifty percent of the congressional districts;
(C) In at least the six senatorial districts with the lowest votes cast
for the office of state senator; or
(D) In at least fifty percent of the representative districts for the
office of state representative.
Any group of persons hereafter desiring to form a new political party
in the State shall file with the chief election officer a petition as
hereinafter provided. The petition for the formation of a new political
party shall:
(1) Be filed not later than 4:30 p.m. on the one hundred seventieth day
prior to the next primary;
(2) Declare as concisely as may be the intention of signers thereof to
form such new statewide political party in the State and state the name
of the new party;
(3) Contain the signatures of currently registered voters comprising
not less than one percent of the total registered voters of the State
as of the last preceding general election;
(4) Be accompanied by the names and addresses of the officers of the
central committee and of the respective county committee, where they
exist, of the new political party and by the party rules; and
(5) Be upon the form prescribed and provided by the chief election
officer.
The petition shall be subject to hearing under chapter 91, if any
objections are raised by the chief election officer or any political
party. All objections shall be made not later than 4:30 p.m. on the
twentieth business day after the petition has been filed. The Chief
Election Officer may extend the objection period up to an additional
ten business days, if the group of persons desiring to qualify as a
political party is provided with notice of extension and the reasons
therefore. If no objections are raised by 4:30 p.m. on the twentieth
business day, or the extension thereof, the petition shall be approved.
If an objection is raised, a decision shall be rendered not later than
4:30 p.m. on the thirtieth day after filing of the objection or not
later than 4:30 p.m. on the one hundredth day prior to the primary,
whichever shall first occur.
The chief election officer may check the names of any persons on the
petition to see that they are registered voters and he may check the
validity of their signatures. The petition shall be public information
upon filing (Sec. 11-62).
All parties must file their rules with the chief election officer not
later than 4:30 p.m. on the one hundred fiftieth day prior to the next
primary. All amendments shall be filed with the chief election officer
not later than 4:30 p.m. on the thirtieth day after their adoption. The
rules and amendments shall be duly certified to by an authorized
officer of the party and upon filing, the rules and amendments thereto
shall be a public record (Sec. 11-63).
All nominations must be made by primary elections (Sec. 12-1), except
presidential electors who are nominated by State party conventions.
Names of such latter nominees shall be submitted to the chief election
officer no later than 4:30 p.m. on the sixtieth day prior to the
general election (Sec. 14-21).
(3) Independent candidates
In the case of candidates of parties or groups not qualified to place
candidates on the primary or general election ballots, the person
desiring to place such names on the general election ballot shall file
with the chief election officer not later than 4:30 p.m. on the
sixtieth day prior to the general election:
(a) a sworn application concerning candidates for electors;
(b) a petition which shall be upon the form prescribed and provided by
the chief election officer containing the signatures of currently
registered voters which constitute not less than one percent of the
votes cast in the State at the last general election. The petition
shall contain the names of the candidates, a statement that the persons
signing intend to support such candidates, the address of each
signatory, the date of his signature and other information as
determined by the chief election officer.
Prior to being issued the petition form, the person desiring to place
the names on the general election ballot shall submit a notarized
statement from each candidate of that person's intent to be a
candidate for President or Vice President of the United States on the
general election ballot in the State of Hawaii.
Each applicant, and the candidates named, shall be notified in writing
of the applicant's or candidates' eligibility or disqualification for
placement on the ballot not later than 4:30 p.m. on the tenth day after
filing. The Chief Election Officer may extend the notification period
up to an additional five business days, if the applicants and
candidates are provided with notice of the extensions and the reasons
therefore.
If the applicant, or any other party, individual, or group with a
candidate on the presidential ballot, objects to the finding of
eligibility or disqualification the person may, not later than 4:30
p.m. on the fifth day after the finding, file a request in writing with
the chief election officer for a hearing on the question. A hearing
shall be called not later than 4:30 p.m. on the tenth day after the
receipt of the request and shall be conducted in accord with chapter
91. A decision shall be issued not later than 4:30 p.m. on the fifth
day after the conclusion of the hearing (Sec. 11-113 (c), (d), (e)).
b. names on general election ballots
In presidential elections, the names of the candidates for President
and Vice President shall be used on the ballot in lieu of the names of
the presidential electors, and the votes cast for President and Vice
President of each political party shall be counted for the presidential
electors and alternates nominated by each political party (Sec. 11-
113).
A ``national party'' as used in this section shall mean a party
established and admitted to the ballot in at least one State other than
Hawaii or one which is determined by the chief election officer to be
making a bona fide effort to become a national party. If there is no
national party or the national and State parties or factions in either
the national or State party do not agree on the presidential and vice
presidential candidates, the chief election officer may determine which
candidates names shall be placed on the ballot or may leave the
candidates names off the ballot completely (Sec. 11-113(a)).
c. statutory instructions
The electors chosen shall assemble at the State capitol on the first
Monday after the second Wednesday in December next following their
election, at 2:00 o'clock in the afternoon. In case of the death or
absence of any elector chosen, or if the number of electors is
deficient for any other reason, the vacancy or vacancies shall be
filled by the alternates in the order of their numerical designation
for their respective electors causing the vacancy or vacancies, and in
the event that vacancy or vacancies still exist, then the electors
present shall select from the members of the same political party or
group as many persons as will supply the deficiency. Certificates for
the alternates or substitutes as presidential electors shall be issued
by the Governor. The electors, when convened, if both candidates are
alive, shall vote by ballot for that person for President and that
person for Vice President of the United States, who are, respectively,
the candidates of the political party which they represent, one of
whom, at least, is not an inhabitant of this State (Sec. Sec. 14-26--
14-28).
IDAHO
Presidential Electors: 4
a. nomination
(1) Major parties
Major political parties include those parties that had three or more
candidates for State office listed under the party name at the last
general election or that had a candidate for State or national office
who received at least 3 percent of the aggregate vote cast for the
office of Governor at the last gubernatorial election (Idaho Code
Annotated, Sec. 34-501(b)). Presidential electors of such parties are
selected at the party State convention in each election year at a time
and place determined by the State central committee. The State central
committee chairman shall preside and cause notice to be given to each
legislative district central committee and each county central
committee at the earliest possible date (Sec. 34-707).
The State chairman of each political party shall by September 1 certify
the names of the presidential electors to the Secretary of State
(Sec. 34-711).
(2) Minor parties
A ``political party'' is defined as an organization of electors under a
given name. A political party shall be deemed created and qualified to
participate in elections in any of the following three (3) ways:
(a) By having three (3) or more candidates for State or national office
listed under the party name at the last general election, provided that
those individuals seeking the office of President, Vice President and
presidential elector shall be considered one candidate, or
(b) By polling at the last general election for any one of its
candidates for State or national office at least three percent (3%) of
the aggregate vote cast for Governor or for presidential electors.
(c) By an affiliation of electors who shall have signed a petition
which shall:
(A) State the name of the proposed party in not more than six (6)
words;
(B) State that the subscribers thereto desire to place the proposed
party on the ballot;
(C) Have attached thereto a sheet or sheets containing the signatures
of at least a number of qualified electors equal to two percent (2%) of
the aggregate vote cast for presidential electors in the State at the
previous general election at which presidential electors were chosen;
(D) Be filed with the Secretary of State on or before August 30 of
even-numbered years;
(E) The format of the signature petition sheets shall be prescribed by
the Secretary of State and shall be patterned after, but not limited
to, such sheets as used for State initiative and referendum measures;
(F) The petitions and signatures so submitted shall be verified in the
manner prescribed in section 34-1807, Idaho Code.
(G) The petitions shall be circulated no earlier than August 30 of the
year preceding the general election.
Upon certification by the Secretary of State that the petition has met
such requirements such party shall, under the party name chosen, have
all the rights of a political party whose ticket shall have been on the
ballot at the preceding general election.
The newly certified party shall proceed to hold a State convention in
the manner provided by law; provided, that at the initial convention of
any such political party, all members of the party shall be entitled to
attend the convention and participate in the election of officers and
the nominations of candidates. Thereafter the conduct of any subsequent
convention shall be as provided by law (Sec. 34-501, Supp.).
(3) Independent candidates
Persons who desire to be independent candidates for the offices of
President and Vice President, must file, prior to August 25 of the
election year, declarations of candidacy as independent candidates.
Such declarations must state that such persons are offering themselves
as independent candidates and must declare that they have no political
party affiliation. The declarations shall have attached thereto a
petition signed by a number of qualified electors not less than one
percent (1%) of the number of votes cast in this State for presidential
electors at the previous general election at which a President of the
United States was elected.
The candidates for President and Vice President shall be considered as
candidates for one office, and only one such petition need be filed for
both offices (Sec. 34-708A, Supp.).
The State chairman of each political party shall certify the names of
the presidential and vice presidential candidates and presidential
electors to the Secretary of State on or before September 1, in order
for them to appear on the general election ballot. The Secretary of
State shall certify such candidates to the county clerks at the same
time as certification of political party candidates nominated for State
and Federal offices by the voters in the primary election (Sec. 34-711,
Supp.). Independent candidates who have qualified for ballot status
pursuant to section 34-708A, Idaho Code, shall certify the names of
presidential electors to the Secretary of State on or before September
1, in order for them to appear on the general election ballot. The
Secretary of State shall certify the independent presidential electors,
and the independent candidates for President and Vice President, to the
county clerks on or before September 7 (Sec. 34-711A, Supp.).
b. names on general election ballots
The State chairman of each political party shall certify the names of
the presidential and vice presidential candidates and presidential
electors to the Secretary of State on or before September 1, in order
for them to appear on the general election ballot. The Secretary of
State shall certify such candidates to the county clerks at the same
time as certification of political party candidates nominated for State
and Federal offices by the voters in the primary election (Sec. 34-
711). Independent candidates who have qualified for ballot status shall
certify the names of presidential electors to the Secretary of State on
or before September 1, in order for them to appear on the general
election ballot. The Secretary of State shall certify the independent
presidential electors, and the independent candidates for President and
Vice President, to the county clerks on or before September 7 (Sec. 34-
711A).
c. statutory instructions
The electors chosen to elect a President and Vice President of the
United States shall, at 12:00 noon on the day which is or may be
directed by the Congress of the United States, meet at the seat of
government of the State, and then and there perform the duties enjoined
upon them by the Constitution and laws of the United States (Sec. 34-
1503). Each elector of President and Vice President of the United
States shall, before the hour of twelve (12) o'clock on the day next
preceding the day fixed by the law of Congress to elect a President and
Vice President, give notice to the Governor and shall forthwith deliver
to the electors present a certificate of all the names of the electors;
and if any elector named therein fails to appear before nine (9)
o'clock on the morning of the day of election of President and Vice
President as aforesaid, the electors then present shall immediately
proceed to elect, by ballot, in the presence of the Governor, persons
to fill such vacancies (Sec. 34-1504).
ILLINOIS
Presidential Electors: 22
a. nominations
(1) Major parties
The State convention of each political party shall have power to make
nominations of candidates of its political party for the electors of
President and Vice President (Smith-Hurd Illinois Annotated Statutes,
ch. 46, ILCS Sec. 5/7-9(b). State conventions shall be held within 180
days after the general primary in the year 2000 and every four years
thereafter. In the year 1998 and every four years therafter, the
Chairman of the States Central Committee may issue a call for a State
convention within 180 days after the general primary. (10 ILCS Sec. 5/
7-9(b)).
Choosing and election of electors of President and Vice President of
the United States shall be in the following manner: In each year in
which a President and Vice President of the United States are chosen,
each political party or group in this State shall choose by its State
convention electors of President and Vice President of the United
States and such State convention of such party or group shall also
choose electors at large, if any are to be appointed for this State and
such State convention of such party or group shall by its chairman and
secretary certify the total list of such electors together with
electors at large so chosen to the State Board of Elections.
The filing of such certificate with the Board, of such choosing of
electors shall be deemed and taken to be the choosing and selection of
the electors of this State, if such party or group is successful at the
polls as herein provided in choosing their candidates for President and
Vice President of the United States (10 ILCS Sec. 5(21-1). Such
certification by the respective political parties or groups in this
State of electors of President and Vice President shall be made to the
State Board of Elections within 2 days after such State convention
(Sec. 21-1(a)).
(2) Minor parties
A minor political party is defined as a political party or group which
has not polled more than 5 percent of the entire vote cast for governor
in the State at the last preceding general election for Governor (10
ILCS Sec. 5/10-2). It shall nominate its candidates in the same manner
as does a new party.
(3) New parties
Any group of persons desiring to form a new political party throughout
the State, shall file with the State Board of Elections a petition (a)
declaring the intention of the signers to form such a new political
party, (b) stating in not more than 5 words the name of such party, (c)
containing a complete list of candidates of such party for all offices
to be filled in the State at the next election, and (d) signed by one
percent (1%) of the number of voters who voted in the preceding
statewide general election or 25,000 qualified voters whichever is less
(10 ILCS Sec. 5/10-2). Such petition shall be accompanied by a
candidate's statement of candidacy, except candidates for electors for
President and Vice President (10 ILCS Sec. 5/10-5), and all
certificates of nomination or nomination papers for candidates to be
voted for by all the voters of the State shall be presented to the
State Board of Elections at least 92 days, but not more than 99 days,
before the general election, for endorsement by the board and for
subsequent deposit with the State Board of Elections (10 ILCS Sec. 5/
10-6).
(4) Independent candidates
Nomination of independent candidates (not candidates of any political
party), for any office to be filled by the voters of the State at large
may also be made by nomination papers signed in the aggregate for each
candidate by 1% of the number of voters who voted in the next preceding
statewide general election or 25,000 qualified voters of the State,
whichever is less (10 ILCS Sec. 5/10-3).
Nomination papers are to be filed with the State Board of Elections
between 99 and 92 days prior to the date of the primary (10 ILCS
Sec. 5/7-12).
b. names on general election ballots
The names of the candidates of the several political parties or groups
for electors of President and Vice President shall not be printed on
the official ballot to be voted in the election to be held on the day
in this Act above named. In lieu of the names of the candidates for
such electors of President and Vice President, immediately under the
appellation of party name of a party or group in the column of its
candidates on the official ballot, to be voted at said election first
above named in subsection (1) of section 2A-1.2 and section 2A-2, there
shall be printed within a bracket the name of the candidate for
President and the name of the candidate for Vice President of such
party or group with a square to the left of such bracket. Each voter in
this State from the several lists or sets of electors so chosen and
selected by the said respective political parties or groups, may choose
and elect one of such lists or sets of electors by placing a cross in
the square to the left of the bracket aforesaid of one such parties or
groups. Placing a cross within the square before the bracket enclosing
the names of President and Vice President shall not be deemed and taken
as a direct vote for such candidates for President and Vice President,
or either of them, but shall only be deemed and taken to be a vote for
the entire list or set of electors chosen by that political party or
group so certified to the State Board of Elections as herein provided.
Voting by means of placing a cross in the appropriate place preceding
the appellation or title of the particular political party or group,
shall not be deemed or taken as a direct vote for the candidates for
President and Vice President, or either of them, but instead to the
presidential vote, as a vote for the entire list or set of electors
chosen by that political party or group so certified to the State Board
of Elections as herein provided (10 ILCS 5/21-1(6)).
c. statutory instructions
The electors, elected as aforesaid, shall meet at the office of the
Secretary of State in a room to be designated by him in the capitol at
Springfield in this State, at the time appointed by the laws of the
United States at the hour of 10:00 o'clock in the forenoon of such day,
and give their votes for President and for Vice President of the United
States, in the manner herein provided, and perform such duties as are
or may be required by law (10 ILCS 5/21-4).
INDIANA
Presidential Electors: 12
a. nomination
(1) Major parties
Major political parties which received at least two percent of the
total vote cast for Secretary of State at the last election shall
nominate at the state convention candidates for presidential electors
and alternate electors (Indiana Statutes Annotated Sec. Sec. 3-8-4-1
and 3-8-4-2).
The state chairman of each political party shall certify to the
secretary of state the names of the nominees of the party for President
and Vice President of the United States and the state of which each
nominee is a resident. If candidates for presidential electors are
nominated by petitioners instead of by a convention of a political
party, the petitioners shall certify with the list of names of
electors:
(1) the names of their nominees for President and Vice President of the
United States; and
(2) the state of which each nominee is a resident. The names of:
(1) all candidates for presidential electors; and
(2) all nominees for President and Vice President of the United States;
shall be certified by noon September 1 before the general election
(Sec. 3-10-4-5, Supp.).
(2) Minor parties and independent candidates
A candidate may be nominated for an elected office by petition of
voters who are registered to vote at the time of signing the petition
and qualified to vote for the candidate (Sec. 3-8-6-2). A petition of
nomination must be signed by the number of voters equal to two percent
(2%) of the total vote cast at the last election for Secretary of State
in the election district that the candidate seeks to represent.
(Sec. 3-8-6-3). A petition of nomination must be submitted to the
county voter registration office of each county in which the election
district is located during the period beginning January 1 of the year
in which the election will be held and ending at noon July 15 before
the election (Sec. 3-8-6-10, Supp.).
b. names on general election ballots
Each vote cast or registered for the nominees for President and Vice
President of the United States of a political party or group of
petitioners is a vote cast or registered for all of the candidates for
presidential electors of the party or group and shall be counted. These
votes shall be counted, canvassed, and certified in the same manner as
the votes for candidates for other offices (Sec. 3-10-4-4).
c. statutory instructions
The presidential electors who are elected at a general election shall
assemble in the chamber of the Indiana house of representatives on the
first Monday after the second Wednesday in December, or on another day
fixed by the Congress of the United States, at 10 a.m. to elect the
President and Vice President of the United States. The Governor shall
deliver to the electors present a certificate of the names of all the
electors (Sec. 3-10-4-7). If a presidential elector fails to appear
before 11 a.m. on the day prescribed by section 7 [3-10-4-7] of this
chapter, the electors present shall, by ballot and a majority vote of
all those present, fill the vacancy. The election shall be immediately
certified by a majority of the electors to the Governor, who shall
immediately notify the person of the person's election (Sec. 3-10-4-8,
Supp.). The presidential elector, when assembled and after vacancies
are filled, shall then vote by ballot for President and Vice President
of the United States and perform the duties imposed upon them by the
Constitution and statutes of the United States and of this State
(Sec. 3-10-4-9).
IOWA
Presidential Electors: 7
a. nomination
(1) Major parties
Electors are nominated by regular state party conventions, which shall
be held either preceding or following the primary election at a time
and place designated by the party state central committee, either
preceding or following the primary election (Iowa Code Annotated,
Sec. 43.107). The names of candidates for President and Vice President
of a political party as defined in the law shall be certified to the
state commissioner by the party state chairperson and secretary of the
state central committee at least 81 days prior to the general election
(Sec. 54.5). The state central committee shall also file a list of the
names and addresses of the party's presidential electors, one from each
congressional district and two from the state at large not later than 5
p.m. at least 81 days before the general election (Sec. 54.5).
(2) Minor and new parties
A political organization which did not cast at least 2 percent of the
total vote cast for President of the United States or for Governor at
the last general election (Sec. 43.2) may nominate one candidate for
each office to be filled at the next general election. Such nomination
shall be by convention or caucus (Sec. 44.1), provided that to qualify
for making a nomination for statewide office, such political
organization must have at its convention or caucus a minimum of 250
qualified electors with at least one elector from each of 25 counties
(Sec. 44.1). The nomination certificate, signed by the chairman and
secretary of such convention or caucus, shall be filed with the State
Commissioner not more than 99 nor less than 81 days before the general
election (Sec. Sec. 44.2, 44.3, 44.4).
Certificates of nomination by such conventions for presidential
electors in addition to the names and addresses of presidential
electors are to contain the names of the candidates for President and
Vice President (Sec. 44.3).
(3) Independent candidates
Nominations for candidates for President and Vice President and for
State offices may be made by nomination papers signed by not less than
one thousand five hundred eligible electors. Nomination papers for the
offices of President and Vice President shall include the names of the
candidates for both offices on each page of the petition. A certificate
listing the names of the candidates for presidential electors, one from
each congressional district, and two from the state at large, shall be
filed in the State Commissioner's office at the same time nomination
papers are filed (Sec. 45.1). Nomination papers are to be filed in the
office of the State Commissioner not more than 99 nor less than 81 days
before the general election (Sec. Sec. 44.4, 54.5).
b. names on general election ballots
The names of candidates for President and Vice President and not the
names of the candidates for electors shall be placed on the ballots
under the respective party names. A vote for the candidates of any
political party or group of petitioners for President and Vice
President shall be deemed conclusively to be a vote for each candidate
nominated in each district and in the State at large by the party for
electors (Sec. Sec. 49.32, 54.2).
c. statutory instructions
The presidential electors shall meet in the capitol, at the seat of
government, on the first Monday after the second Wednesday in December
next following their election. If, at the time of such meeting, any
elector for any cause is absent, those present shall at once proceed to
elect, from the citizens of the State, a substitute elector or
electors, and certify the choice so made to the Governor, and he shall
immediately cause the person or persons so selected to be notified
thereof. When so met, the said electors shall proceed, in the manner
pointed out by law, with the election, and the Governor shall duly
certify the result thereof, under the seal of the State, to the United
States Secretary of State, and as required by act of Congress relating
to such elections (Sec. Sec. 54.7, 54.8, but see 3 U.S.C. Sec. 11,
which names the Administrator of General Services as the recipient).
KANSAS
Presidential Electors: 6
a. nomination
(1) Major parties
Kansas in 1961 changed the procedure for nominating presidential
electors of the major political parties from the use of primaries to
nomination at delegate or mass conventions or caucuses (Kansas Statutes
Annotated, Sec. 25-301). A convention or caucus shall be called by the
State chairman of the party, or if there be no State chairman, by the
party's candidate for Governor at the preceding general election
(Sec. 25-302).
Party nominations for presidential elections can only be made by a
delegate or mass convention or caucus of qualified voters belonging to
a political party having a national or State organization. Certificates
of nomination must be filed by noon on June 10 prior to the general
election (Sec. Sec. 25-301, 25-305, Supp.).
(2) Minor and new parties
Candidates for elective office who are members of any political party
whose candidate for Secretary of State did not poll at least 5 percent
of the total vote cast for all candidates for Secretary of State in the
preceding general election shall not be entitled to nomination by
primary but shall be nominated by a delegate or mass convention
(Sec. 25-202, Supp.). A convention shall be called as in (1) above.
Presidential electors of such parties shall be nominated at State
conventions (Sec. 25-301). Certificates of nomination shall be signed
by the presiding officer and a secretary of the convention and filed
with the Secretary of State by noon on June 10 prior to the general
election (Sec. Sec. 25-302, 25-305, Supp.).
A new party organized in Kansas and any national political party
seeking to organize in the State shall be allowed to make party
nominations by mass conventions or caucus only after filing with the
Secretary of State not later than 12:00 noon, June 1, prior to the
primary election held on the first Tuesday of August in even numbered
years petitions signed by qualified electors equal in number to at
least 2 percent of the total vote cast for all candidates for governor
in the last preceding general election. Such petitions shall declare
support for the official recognition of a political party, the name of
which shall be stated on the declaration (Sec. 25-302a). Candidates of
such parties shall be nominated and their names certified in the same
manner as by minor parties.
(3) Independent candidates
Candidates may be nominated by independent nomination papers signed by
not less than 5,000 voters (Sec. 25-303, Supp.). Independent nomination
petitions are to be filed with the Secretary of State or the county
election officer by noon on the Monday preceding the first Tuesday of
August prior to the general election (Sec. 25-305, Supp.).
b. names on general election ballots
The surnames of the candidates of each political party for the offices
of President and Vice President, with the political designation thereof
placed at the right of the surnames, shall be in one line (Sec. 25-
615).
c. statutory instructions
The electors of President and Vice President of the United States shall
convene at the capitol of the State on the first Monday after the
second Wednesday in December after their election, at the hour of 12:00
o'clock noon of that day; and if there shall be any vacancy in the
office of electors, occasioned by death, refusal to act, neglect to
attend, or other cause, the electors present shall immediately proceed
to fill, by ballot and by a plurality of votes, such vacancy in the
Electoral College, and when the electors shall appear, or the vacancies
shall have been filled as above provided, they shall proceed to perform
the duties required of such electors by the Constitution and laws of
the United States (Sec. 25-802).
KENTUCKY
Presidential Electors: 8
a. nomination
(1) Major parties
Any political organization, as defined in KRS 118.015, not constituting
such a political party but which cast two percent (2%) of the vote of
the state at the last preceding election for presidential electors, may
nominate, by a convention or primary election held by the party in
accordance with its constitution and bylaws, as many electors of
President and Vice President of the United States as this State is
entitled to elect (Sec. 118.325(1), Supp.).
Such nominations shall be certified in writing by the presiding officer
and secretary of the convention. The certificates shall state the names
of the candidates of the party for President and Vice President
(Sec. 118.325(2), Supp.). Such certificates shall be filed with the
Secretary of State not earlier than the first Wednesday after the first
Monday in November of the year preceding the year in which there is an
election for President and Vice President of the United States and not
later than the first Tuesday in September preceding the date fixed by
law for the election of the electors (Sec. 118.365(6), Supp.).
(2) Minor and new parties
A political organization which cast at least 2 percent of the total
vote of the State at the last presidential election may nominate
candidates by convention or by a primary election held by the party in
accordance with its constitution and bylaws. The certificates of
nomination for statewide offices by such a convention or primary
election, signed by the presiding officer and secretary of the
convention or by the proper committee chairman and secretary, shall be
filed with the Secretary of State as specified for major parties.
(Sec. Sec. 118.015(1), 118.325 (1), (2), Supp., 118.365(6), Supp.).
(3) Independent candidates
A candidate may become an independent candidate when a nominating
petition is filed in his behalf signed by 5,000 qualified voters if
office is voted for by the entire State (Sec. 118.315, Supp.).
Petitions should be filed with Secretary of State (Sec. 118.356),
within the time specified above for major parties. (Sec. 118.365(6),
Supp.).
b. names on general election ballots
Candidates for President and Vice President shall be entitled to have
their names placed on the ballot for the regular election if they are
candidates of those political parties and organizations which have
nominated presidential electors as provided in Kentucky Revised
Statutes, Sec. 118.325, where the certificate of nomination of such
electors has been filed with the Secretary of State within the
appropriate time (Sec. 118.305, Supp.).
c. statutory instructions
The electors of President and Vice President of the United States shall
convene at the State capitol, at 11:45 a.m. on the first Monday after
the second Wednesday in December next after their election, give their
votes at or after 12:00 noon, and make return thereof according to law.
If any elector fails to attend by 12:00 noon, on the day of the
meeting, those in attendance shall fill his place by the election of
another person, who shall have the same powers as if originally elected
by the people (Sec. 118.445).
LOUISIANA
Presidential Electors: 9
a. nomination
(1) Political parties
Nominations for candidates for Presidential electors made by each
recognized political party shall be made in such manner as shall be
determined by a resolution adopted by the State central committee of
the respective recognized political party. Each recognized political
party shall nominate a full slate of candidates for elector, one from
each congressional district and two from the State at large (Louisiana
Revised Statutes Annotated, title 18, Sec. 1253(A), Supp.). The names
of candidates nominated by each recognized political party shall be
filed with the Secretary of State by sworn statement, which shall be
known as a certificate of nomination. The certificate of nomination
shall be sworn to, signed, and filed by the chairman and secretary of
the State central committee, except when the State central committee
orders the nomination of presidential electors by a convention, in
which case the chairman and secretary of the convention shall swear to,
sign, and file the certificate of nomination (18, Sec. 1253(B), Supp.).
Each certificate of nomination shall contain:
(a) the name and place of residence of each candidate for presidential
elector;
(b) the particular office of presidential elector for which each is
nominated;
(c) the name of the recognized political party making the nomination;
(d) the names of the candidates for President and Vice President
supported by the party. In addition, a certificate of nomination filed
by the chairman and secretary of a State central committee shall
certify the adoption by the State central committee of the resolution
of the committee which authorized the method of nomination, the method
of nomination used, and the time and place where the nomination took
place. A certificate of a nominating convention also shall certify the
adoption by the State central committee of the resolution which
authorized the convention, the time, and place where the convention was
held, and the election of the chairman and secretary. Each certificate
of nomination filed with the Secretary of State shall be accompanied by
the notarized affidavit of each candidate for elector signifying that
the certificate constitutes his acceptance of the nomination (18,
Sec. 1253(C), Supp.). The certificate of nomination shall constitute
full proof of the nominations it recites and shall entitle the
candidates for electors to each receive the number of votes received in
the election by the party's candidate for President (18, Sec. 1253(D),
Supp.).
If the nominees for the offices of President and Vice President
nominated by a national convention of a recognized political party,
together with a slate of candidates for the offices of presidential
electors to support such nominees, are not properly certified to the
Secretary of State by the state central committee of that party prior
to five o'clock p.m. on the first Tuesday in September in a
presidential election year, the national chairman of the political
party, after notifying the chairman of the state central committee of
that political party, shall certify a slate of electors to certify the
nominees to support such nominees within forty-eight hours thereafter
(18, Sec. 1253(E), Supp.). A political party is recognized if one of
its candidates for presidential elector received at least 5 percent of
the votes cast in the State for presidential electors in the last
presidential election or if at least 5 percent of the registered voters
in the State are registered as being affiliated with the political
party (Sec. 441).
(2) Independent candidates
A slate of independent candidates for presidential elector may be
nominated by nominating petitions or may qualify by the payment of a
qualifying fee of $500. Such qualifying fee shall be paid in accordance
with the provisions of R.S. 18:1254(A), Supp. The filing deadline for
the qualifying fee is the first Tuesday in September (Sec. 18:1254(A),
Supp.). Each qualifying fee shall be accompanied by the notarized
affidavit of each candidate for elector signifying his acceptance of
the nomination. An independent candidate for presidential elector may
be registered to vote with or without a declaration of party
affiliation (Sec. 1254(A), Supp.). A nominating petition for a slate of
candidates for the offices of presidential elector shall be signed,
filed, and certified as provided for State candidates voted on
throughout the State (Sec. 1254(B), Supp.).
Any slate of candidates for presidential elector that qualifies by
payment of a qualifying fee shall be a full slate of candidates for
elector, one from each congressional district and two from the State at
large, and shall submit with the qualifying fee the following
information for each candidate:
(1) The candidate's name;
(2) The address of his domicile;
(3) The office sought;
(4) The names of the candidate for President and the candidate for Vice
President whom the candidates for elector support;
(5) The recognized political party, if any, with which each candidate
for presidential elector is affiliated;
(6) In not more than three words, the political principle that he
represents; and
(7) The date of the election for which he seeks to qualify
(Sec. 1254(D), Supp.).
Certificates of nomination of presidential electors and all nominating
petitions shall be filed with the Secretary of State during the period
beginning on the first Tuesday in August and ending at 5:00 p.m. on the
first Tuesday in September of each year in which a presidential
election is to be held (Sec. 1255, Supp.).
b. names on general election ballots
The ballot shall be so arranged that the names of the candidate for
President and the candidate for Vice President nominated by each
recognized political party, by nominating petition, or by the filing of
notices of candidacy accompanied by a qualifying fee shall appear, in
fourteen point type print, together with the name of the presidential
candidate on top and the name of the vice presidential candidate
directly underneath on the vertical type voting machine, and with the
name of the presidential candidate on the left and the name of the vice
presidential candidate directly to the right on the horizontal type
voting machine.
Directly to the left of the names of the presidential and vice
presidential candidates on the vertical type voting machine, and on the
horizontal type voting machine, shall appear:
(a) If nominated by a recognized political party, the name of the party
and such national party emblem, if any, or state party device, if any,
as the state central committee of the party shall direct, and
(b) If nominated by a nominating petition or by the filing of notices
of candidacy, the political principal which the candidates support, as
stated on the nominating petition or on the notices of candidacy, if
any, and the words ``Nominating Petition'' or the abbreviation ``Nom.
Petition'' shall appear if nominated by petition.
Immediately below the name of the party, or, if nominated by a
nominating petition, the words ``Nominating Petition'' or the
abbreviation ``Nom. Petition'' shall appear the word ``Electors''.
Immediately below the word ``Electors'' the names of the presidential
electors nominated in support of the nominees for president and vice
president of that party or political principal shall appear in six
point type print. There shall be a single lever or, on an absenteee
ballott, a single box within which to mark the ballot, opposite each
pair of names. In preparing the ballots, the secretary of state shall
arrange the names of the candidates of recognized political parties
alphabetically, according to the names of the parties, followed by the
names of the candidate nominated by nominating petitions and by the
filing of notices of candidacy, listed alphabetically by designation of
political principal. (Sec. 18:1259(B), Supp.).
c. statutory instructions
The electors shall meet in the State capitol in Baton Rouge on the day
appointed for their meeting by Federal law and shall execute the duties
and services enjoined upon them by the Constitution and laws of the
United States. Notice of the time and place of the meeting shall be
transmitted to each elector by the Secretary of State no later than
seven days preceding the day of the meeting (Sec. 1263).
MAINE
Presidential Electors: 4
a. nomination
(1) Major parties
Presidential electors are nominated at biennial State conventions of
the respective parties held in presidential election years between
March 1 and August 1 (Maine Revised Statutes, title 21-A,
Sec. 321(2)(C)). A ``major party'' is one which at the last
gubernatorial election polled the greatest or next greatest number of
votes cast in the State for Governor (Sec. 1(22)).
(2) Minor and new parties
A ``minor party'' means one other than a major party (Sec. 1(24)).
``Party'' refers to a political organization which has qualified to
participate in a primary or general election pursuant to chapter 10
(Sec. 1(28)).
In addition to the procedure under section 302, a party whose
designation was not listed on the general election ballot in the last
preceding gubernatorial or presidential election qualifies to
participate in a primary election, if it meets the requirements of
subsections 1, 2, 3 and 4.
1. Declaration of intent. A voter or group of voters who are not
enrolled in a party qualified under section 301 must file a declaration
of intent to form a party with the Secretary of State. The declaration
of intent must be on a form designed by the Secretary of State and must
include:
A. The designation of the proposed party; and
B. The name and address of the voter or one of the group of voters who
file the declaration of intent.
2. Enrollment of voters. After filing the declaration of intent
required in subsection 1, the voter or voters proposing to form the
party may then enroll voters in the proposed party under sections 141
to 145.
3. Petition. After filing the declaration described in subsection 1,
the voter or a group of voters may then circulate petitions. These
petitions must be signed in the same manner as primary petitions under
section 335, subsections 3 and 4. The circulator of the petition must
certify his belief that the signatures on it are genuine and that the
signers are registered and enrolled voters. Each page of the petition
must have a caption, in conspicuous type, which contains the
designation of the proposed party followed by the words ``Petition to
participate in the primary election.'' The Secretary of State shall
prepare forms for these petitions. The petitions must be filed in the
office of the Secretary of State before 5 p.m. on the 180th day
preceding a primary election and must contain the signatures and legal
addresses of voters, equal in number to at least 5% of the total vote
cast in the State for Governor at the last preceding gubernatorial
election (Sec. 303, Supp.).
(3) Independent candidates
The names of presidential electors must be placed on the petition as a
slate. The names of the candidates for President and Vice President
must be placed on a petition for the nomination of presidential
electors. A nomination petition may be signed only by voters of the
electoral division which is to make the nomination, except that
nomination petitions for presidential electors may be signed by any
Maine voter. Other signatures are void. Nomination petitions must be
signed by the following numbers of voters:
For a slate of candidates for the office of presidential elector, at
least 4,000 and not more than 6,000 voters. A nomination petition may
not be signed before January 1st of the election year in which it is to
be used. A nomination petition must be filed in the office of the
Secretary of State by 5 p.m. on the date of the primary election
(Sec. 354, Supp.).
b. names on general election ballots
The names of the electors must not be printed on the ballot. A vote for
a presidential and vice presidential candidate is considered a vote for
the electors representing that party (Sec. Sec. 602, Supp., and 801).
c. statutory instructions
The duties of the presidential electors in convention are as follows:
1. When convened as required by section 804, the presidential electors
shall each cash separate ballots for President and Vice President, at
least one of whom must not be a resident of this State.
2. The presidential electors at large shall cast their ballots for the
presidential and vice-presidential candidates who received the largest
number of votes in the State. The presidential electors of each
congressional district shall cast their ballots for the presidential
and vice-presidential candidates who received the largest number of
votes in each respective congressional district.
3. The presidential electors shall make and subscribe to 6 certificates
containing the number of votes cast separately for President and Vice
President. They shall attach one of the lists of electors furnished
them by the Governor to each certificate. They shall seal each
certificate and attached list in an envelope stating that a certificate
of the votes of this State for President and Vice President is
contained inside.
4. The presidential electors shall send immediately by registered mail
one certificate to the President of the Senate of the United States and
2 certificates to the Archivist of the United States in Washington, DC.
The presidential electors shall deliver 2 certificates to the Secretary
of State, who shall hold onto them subject to the order of the
President of the Senate of the United States and shall retain the other
for public inspection for one year. The presidential electors shall
deliver one certificate to the Chief Judge of the United States
District Court for the District of Maine (Sec. 805).
MARYLAND
Presidential Electors: 10
a. nomination
(1) Major parties
The State convention of any party shall nominate or provide for the
nomination of candidates for presidential electors of the party in such
manner as the convention determines. The State convention shall
nominate or provide for the nomination of as many candidates for
presidential electors of the party as this State is entitled to
appoint. The names of persons nominated by the State convention as
candidates for presidential electors shall be certified by the
presiding officers of the State convention to the State Administrative
Board of Election Laws (Annotated Code of Maryland, Art. 33, Sec. 12-
7).
(2) Minor and new parties
If, in any general election for President of the United States or
Governor of the State, any political party polls less than three
percent of the entire vote cast in the State for the offices of
President and United States Senator (if a Senator for the State was
elected at such election), such party shall cease to be a political
party, and in subsequent elections must qualify as a new party to
participate in elections (Sec. 4C-1).
Any group of voters wishing to form a new political party shall do so
by filing with the State Administrative Board of Election Laws a
petition for formation of a political party which shall declare their
intention of organizing a State political party, the name of which
shall be stated in the petition together with the name and address of
the State chairman thereof and the names and addresses of at least
twenty-five persons who shall be designated as constituting the
governing body of the party. Appended to the petition shall be papers
bearing the signatures of at least ten thousand qualified voters of the
State (Sec. 4B-1(a)). A petition for the formation of a new political
party may not be filed in a presidential election year after the 5th
Monday preceding through the 10th day following the primary election
(Sec. 4B-1(2)).
If the petition for the formation of a political party is properly
drawn and filed, then, within ninety days after the filing of the
petition and appended papers, the persons designated in the petition as
constituting the governing body of the party shall hold an
organizational meeting and shall adopt for the conduct of the affairs
of the party an interim constitution and bylaws, which shall be filed
with the State Administrative Board of Election Laws within thirty days
after adoption. Any amendments to the interim constitution and bylaws
shall likewise be filed with the State Administrative Board of Election
Laws within thirty days after adoption. The said organizational meeting
shall be convened by the person designated in the petition as the State
chairman of the party, who shall preside as president pro tem of the
meeting until such time as party officers are elected (Sec. 4B-1(f)).
The interim constitution and bylaws shall provide for such meetings as
in the opinion of the governing body of the new political party shall
be necessary for the proper conduct of party affairs and shall
specifically provide for the selection of a State central committee for
the party, the selection of party central committees for the several
counties and Baltimore City, and for the selection of chairmen for the
State and local party central committees (Sec. 4B-1(g)).
The interim constitution and bylaws shall also provide for the manner
of calling all meetings and for advance notification thereof; for rules
governing the conduct of all meetings, including the attendance
required for a quorum; for a procedure for selecting party nominees for
public office, subject to the provisions of this article; and for the
manner and method of amending the interim constitution and bylaws of
the political party. The interim constitution and bylaws shall also
provide that no meeting of the political party or the governing body of
the political party shall be called unless ten days written notice
thereof shall be given, by regular mail, to each person entitled under
the interim constitution and bylaws to attend, addressed to the
residence of such person as disclosed by the records of the board of
the county or Baltimore City in which such person is a voter. In the
event that it is necessary to call a meeting to fill a vacancy in a
party nomination for public or party office, it shall be sufficient if
five days notice shall be given in a manner to be provided by the
interim constitution and bylaws (ibid.).
The nominees for public office of the party shall be selected in the
manner provided in the interim constitution and bylaws of the party,
but no such nominee shall appear upon the ballot at any general
election unless the nominee has complied with all the requirements of
the provisions of the subtitle ``Nomination by Petition.'' including
the filing of petitions with the election board or the several boards
of the State, which shall bear in addition to the name of the nominee,
the name of the party, signed by not less than three percent of the
registered voters who are eligible to vote for the office for which
election at the general election is sought. The political party shall
not nominate more than one candidate for each public or party office to
be filled at the succeeding general election, except to fill a vacancy
in a prior nomination (Sec. 4B-1(h)).
(3) Independent candidates
A candidate for any public office who is registered as an independent
or who is a member of or affiliated with a partisan organization which
is not a political party may be nominated by petition (Sec. 7-1(a)).
A candidate for public office seeking nomination by petition shall file
a certificate of candidacy with a sworn statement attached that he has
on file with the election board or the several boards of the State
petitions signed by not less than three percent of the registered
voters who are eligible to vote for the office for which such
nomination by petition is sought (Sec. 7-1(b)).
The petition with the required number of signatures is to be filed with
the appropriate board by not later than 5 p.m. on the first Monday in
August (Sec. 7-1(c)).
b. names on general election ballots
Each citizen of the State entitled to vote for those persons seeking
Federal office shall have the right to vote for the whole number of
electors. The presidential electors of the candidates for President and
Vice President who receive the highest number of votes shall be
declared to be elected as said electors, and shall be deemed so
appointed (Sec. 20-1). The names of the candidates for presidential
electors shall not be printed on the ballot, but in lieu thereof the
names of the candidates of each party for the office of President and
Vice President shall be printed thereon. A vote for said candidates for
President and Vice President shall be deemed and counted as a vote for
each of the presidential electors of said party (Sec. 20-2).
c. statutory instructions
The presidential electors elected at the November election shall meet
in the State House in Annapolis. After taking the oath prescribed by
the Constitution, they shall give their votes for President and Vice
President, on the day fixed by law of the United States, for meeting of
electors of President and Vice President, and shall cast their votes
for the candidates who received a plurality of the votes cast in the
State (Sec. 20-4).st
MASSACHUSETTS
Presidential Electors: 12
a. nomination
(1) Major parties
The State committees of the respective political parties at a meeting
called for the purpose shall nominate the presidential electors. The
surnames of the candidates for President and Vice President of the
United States shall be added to the party or political designation of
the candidates for presidential electors. Such surnames and a list of
the persons nominated for presidential electors together with an
acceptance in writing signed by each candidate for elector shall be
filed by the state chairmen of the respective political parties not
later than the second Tuesday of September (Massachusetts General Laws
Annotated, ch. 53, Sec. 8, Supp.). Nomination papers for presidential
elector are to be filed on the last Tuesday in August in which a
presidential election is to be held (Sec. 10, Supp.).
(2) Minor and new parties
At any primary, caucus or convention, each party having the right to
participate in or hold the same may nominate as many candidates for
each office for which it has the right to make nominations therein as
there are persons to be elected to that office, and no more. A party
which makes one or more nominations shall be entitled to have the name
of each of its candidates printed on the ballot to be used at the
ensuing election; but, unless the nomination is made by direct
plurality vote in a primary or in several caucuses held in more than
one ward or in more than one precinct or group of precincts, a
certificate of nomination must be filed with the Secretary of State
(Sec. Sec. 1, 5; and Sec. 10, Supp.).
Such State convention shall be held not earlier than 4 days after the
caucuses at which delegates to such convention were elected, and not
later than 48 hours prior to the hour for filing certificate of
nomination (Sec. 4).
The certificate of nomination with the candidates' written acceptance,
except for presidential electors, should be filed by the secretary of
the convention with the Secretary of State within 72 hours succeeding
5:00 p.m. of the day on which the caucus was held or the session of the
convention terminated (Sec. 5; and Sec. 9, Supp.).
Nomination papers should include the party, if any, which a candidate
represents (Sec. 8, Supp.). Names of candidates for President and Vice
President shall be added to the party or political designation of
candidates for presidential electors (Sec. 8, Supp.). Provisions of
this paragraph also apply to nomination papers for independent and new
party candidates.
(3) Independent candidates
Nomination papers are required for candidates to be voted on by the
State at large, signed by voters equal in number to one half of one
percent of the entire State vote for Governor at the last biennial
election (Sec. 6, Supp.). Candidate's written acceptance must accompany
nomination papers (Sec. 9, Supp.). Nomination papers should be
submitted to registrars of signer's city or town of voting residence
for certification on or before 5:00 p.m. of the 7th day before last
date for filing (Sec. 7, Supp.), and should be filed with the Secretary
of State (Sec. 9, Supp.). Nomination papers for presidential elector
are to be filed on or before the last Tuesday in August of the year in
which a presidential election is to be held (Sec. 10, Supp.).
b. names on general election ballots
The names of the candidates for presidential electors shall not be
printed on the ballot, but in lieu thereof, the sur-names of the
candidates of each party for President and Vice President in one line
under the designation ``Electors of President and Vice President.'' A
square in which the voter may designate his choice for electors is at
the right of each political designation. The candidates for electors
are nominated to vote for the party's candidates for President and Vice
President. The vote for such latter candidates on the State ballot,
however, shall be deemed as a vote for the candidates for electors (ch.
54, Sec. Sec. 43, 43A, 78).
c. statutory instructions
Candidates for President and Vice President and State chairmen when
filing the list of nominees for presidential elector must also file an
acceptance in writing signed by each candidate for presidential elector
on a form to be provided by the Secretary of State. The acceptance form
shall include a pledge by the presidential elector to vote for the
candidate named in the filing (ch. 53, Sec. 8, Supp.).
Persons chosen as presidential electors shall meet at the statehouse on
the date fixed by Federal law and organize. A journal of their
proceedings shall be kept and shall be deposited in the office of the
Secretary of State (ch. 54, Sec. 148).
MICHIGAN
Presidential Electors: 18
a. nomination
(1) Major parties
Presidential electors are nominated by major parties at their
respective regular fall State conventions (Michigan Compiled Laws,
Sec. 168.42). Such conventions shall commence not less than 60 days
before the November general election at a time and place designated by
the party State central committee. The calls for such conventions shall
be issued at least 60 days prior to the August primaries (Sec. 168.591,
Supp.).
The primary is held on the Tuesday succeeding the first Monday in
August (Sec. 168.534, Supp.). August 8, 2000.
Each respective State central committee in its call for the State
convention shall forward a notice to the chairman of each county
committee of the party showing the number of delegates to which each
county shall be entitled in the State convention of the party, and the
State central committee shall apportion such delegates to the several
counties in proportion to the number of votes cast for the candidate of
the party for Secretary of State in each of said counties, at the last
preceding November election. In addition to the proportionate number of
delegates allocated to each county, the State central committees
shall allocate an additional number of delegates equal to the number of
incumbent legislators nominated by their party and residing in such
county (Sec. 168.598).
County conventions meet to choose delegates to the State conventions
which shall be held not less than 8 nor more than 19 days after the
August primaries (Sec. 168.592).
The names of all the candidates for electors as well as the candidates
of the party for the offices of President and Vice President shall be
certified by the State central committee of each party to the Secretary
of State and the various county boards of election commissioners within
24 hours after the conclusion of the conventions (Sec. 168.686).
(2) Minor and new parties
Any political party which failed to have at least one candidate who
received at least 5 percent of the total vote cast for all candidates
for the office of Secretary of State in the last preceding State
election, either in the State or in any political subdivision affected,
shall not make its nominations by the direct primary method. The
nomination of candidates of such parties shall be made by means of
caucuses and conventions (Sec. Sec. 168.532, 168.686a). A convention
for the selection of presidential electors shall commence at least 60
days prior to the November general election (Sec. Sec. 168.42, 168.591,
Supp.). Such nominations shall be certified by the chairman and
secretary of the convention or caucus, under oath, and there shall
accompany such certifications a written acceptance of nomination by
each candidate and affidavit of identity (Sec. 168.686a).
Nomination certificates shall also contain the designation of the party
(Sec. 168.687). In each presidential election year, names of a party's
candidates for President and Vice President shall be filed at the same
time (Sec. 168.686). The name of no candidate of a new political party
shall be printed upon the official ballots of any election unless the
chairperson and secretary of the state central committee of the party
shall have filed with the secretary of state not later than 4 p.m. of
the 110th day before the November general election, a certificate
signed by them bearing the name of the party, together with petitions
bearing the signatures of registered and qualified electors equal to
not less than one percent of the total number of votes cast for
governor at the last election in which a governor was elected. The
petitions shall be signed by at least 100 residents in each of at least
one half of the congressional districts of the State and not more than
35 percent of the minimum required number of the signatures may be
resident electors of any one congressional district (Sec. 168.685,
Supp.). New parties shall nominate presidential electors in the same
manner as other parties (Sec. 168.42).
b. names on general election ballots
The names of the candidates for President and Vice President are
printed on the general State ballot in lieu of the names of the
electors. The office title, however, reads ``Electors of President and
Vice President of the United States'' (Sec. 168.706). A vote for the
presidential and vice presidential candidates shall be deemed a vote
for their entire list of presidential electors (Sec. 168.45).
c. statutory instructions
The electors shall convene in the senate chamber at the State capitol
at 2:00 p.m. on the first Monday after the second Wednesday in December
after their election (Sec. 168.47). Those candidates for electors of
President and Vice President shall be deemed elected whose names have
been certified to the Secretary of State by that political party
receiving the greatest number of votes for the office at the ensuing
November election (Sec. 168.42).
MINNESOTA
Presidential Electors: 10
a. nomination
(1) Major parties
Presidential electors are nominated by delegate conventions called and
held under the supervision of the respective State central committees
of the major parties of the State. The names of the persons nominated
as presidential electors shall be certified to the Secretary of State
by the chairman of such convention for the office of presidential
elector on or before any primary election day (Minnesota Statutes
Annotated, Sec. 208.03).
``Major political party'' means a political party that maintains a
party organization in the State, political division or precinct in the
question and:
(a) Which has presented at least one candidate for election to a
partisan office at the last preceding State general election, which
candidate received votes in each county in that election and received
votes from not less than five percent of the total number of
individuals who voted in that election; or
(b) Whose members present to the county auditor a petition for a place
on the State partisan primary ballot, which petition contains
signatures of a number of the party members equal to at least five
percent of the total number of individuals who voted in the preceding
State general election in the county where the application is submitted
(Sec. 200.02, Subd. 7).
(2) Minor and new parties
Candidates for any partisan office who do not seek the nomination of a
major Political Party shall be nominated by nominating petition and
shall file an affidavit of candidacy (Sec. 204B.03). On petitions
nominating presidential electors, the names of the candidates for
President and Vice President shall be added to the political party or
political principle stated on the petition. One petition may be filed
to nominate a slate of presidential electors equal in number to the
number of electors to which the State is entitled (Sec. 204B.07, Subd.
2).
Nominating petitions shall be signed during the period when petitions
may be filed as provided in section 204B.09. A nominating petition may
be signed only by individuals who are eligible to vote for the
candidate who is nominated. No individual may sign more than one
nominating petition for candidates for the same office unless more than
one candidate is to be elected to that office. If more than one
candidate is to be elected to the office, an individual may sign as
many petitions as there are candidates to be elected.
The number of signatures required on a nominating petition for a State
office voted on statewide shall be one percent of the total number of
individuals voting in the State at the last preceding State general
election, or 2,000, whichever is less (Sec. 204B.08, Subds. 1-3).
Candidates for presidential electors may file affidavits and petitions
on or before the State primary day (September 13, 1987) (Sec. 204B.09,
Subd. 1).
(3) Independent candidates (See Minor and new parties supra.).
b. names on general election ballots
The names of the party candidates for President and Vice President
rather than the names of the persons nominated for presidential elector
are printed on the ballot, and a vote for the candidate shall be
counted as a vote for each of the party's electors (Sec. 208.04,
Supp.).
c. statutory instructions
The presidential electors, elected at the November election, shall meet
at 12:00 noon in the executive chamber at the State capitol on the day
fixed by Congress for voting for President and Vice President, and then
and there perform all the duties imposed upon them as such electors by
the Constitution and laws of the United States and the State
(Sec. Sec. 208.06-208.08, Supp.).
MISSISSIPPI
Presidential Electors: 7
a. nomination
(1) Major parties
At the State convention, a slate of electors composed of the number of
electors allotted to this State, which said electors announce a clearly
expressed design and purpose to support the candidates for President
and Vice President of the national political party with which the said
party of this State has had an affiliation and identity of purpose
heretofore, shall be designated and selected for a place upon the
primary election ballot (Mississippi Code Annotated, Sec. 23-15-771).
When presidential electors are to be chosen, the Secretary of State of
Mississippi shall certify to the circuit clerks of the several counties
the names of all candidates for President and Vice President who are
nominated by any national convention or other like assembly of any
political party or by written petition signed by at least one thousand
(1,000) qualified voters of this State. The certificate of nomination
by a political party convention must be signed by the presiding officer
and secretary of the convention and by the chairman of the State
executive committee of the political party making the nomination. Any
nominating petition, to be valid, must contain the signatures as well
as the addresses of the petitioners. Such certificates and petitions
must be filed with the State Board of Election Commissioners by filing
the same in the office of the Secretary of State not less than sixty
(60) days previous to the day of the election (Sec. 23-15-785).
(2) Minor parties, new parties and independent candidates
Presidential electors may be nominated by